1 Criminal Application No.1346/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1346 OF 2011 Bhaiyya s/o Anwar Shaikh & anr. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri N.V. Gaware, Advocate for applicants Shri N.B. Patil, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 13th April, 2011 PER COURT : 1. Heard finally. In Crime No.III-3/2011, registered at Shrigonda Police Station, District Ahmednagar, the accused/ applicants, in custody from 9.1.2011, for an offence punishable under Sections 20(b), 22 of the Narcotic Drugs and Psychotropic Substances Act and Section 65(e) and 83 of the Bombay Police Act, have requested to release them on bail, after charge sheet. The earlier application (Criminal Application No.585/2011) was permitted to be withdrawn by order dated 21.3.2011. 2 Criminal Application No.1346/2011 2. The accused/ applicants were allegedly found in possession of 19.200 Kgs. of Ganja and a liquor bottle, taken charge primarily by following the prescribed procedure under the N.D.P.S. Act. 3. Section 37 of the said Act, starts with non obstant clause in entertaining bail and illustrate, no person accused of an offence punishable for offence under Section 19 or Section 24 or Section 27-A and also for offences involving commercial quantity shall be released on bail. 4. The said restrictions or bar of Section 37 would not be available against the accused/ applicants as the seized Ganja is below commercial quantity. At this stage, I do not find any other infraction in adherence of compliance of Sections 41, 42, 57 of the N.D.P.S. Act. Since charge sheet is filed during pendency of the present application, the application is considered. 5. The learned A.P.P. is unable to point any pending or previous case against the accused/ applicants for the offence under N.D.P.S. Act. Learned A.P.P. submits, as the learned Special Judge under N.D.P.S. Act has rejected the application 3 Criminal Application No.1346/2011 only on the ground of scope in terms of Section 167(2)(a)(c) of the Criminal Procedure Code. However, even if such rejection is informed, considering the primary evidence of recovery referred above, the accused/ applicants deserve bail. Hence order : O R D E R 6. The accused/ applicants be released on their furnishing P.R. bond and a surety in the sum of Rs.25,000/- (Rupees twenty five thousand) each. The accused/ applicants shall attend the concerned investigator on every alternate Sunday between 3.00 p.m. to 6.00 p.m. till 31st December 2011. They shall desist from influencing directly or indirectly, any witnesses by making any inducement, threat or promise. Application allowed. K.U. CHANDIWAL JUDGE fmp/cri1346.11