1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 606 OF 2009 Mohammad Habib Abdul Samad Qureshi ..... Applicant. V/s The State of Maharashtra ..... Respondent. Ms Yogini Kadam with K.S. Bidkar for the applicant. Mr. Rajesh More, APP for the State. CORAM : V.M. KANADE, J. DATE : 2nd April, 2009 P.C.:- 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the State. 2. Applicant was arrested in connection with the offence punishable under section 8(c) read with sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. It is submitted that the applicant is entitled to be released on bail on the ground of parity since other two accused have been released on bail by this Court vide order dated 23 rd March, 2009 in Criminal Application No.501 of 2009 and Criminal Application No.502 of 2009. In this case, applicants were arrested and were found to be in possession of 3 kgs. of heroin. When the sample of the said drug was sent to C.A., in the report it was stated that the contraband 2 was not heroin but it was Alprazolam. This court has directed the C.A. to file an affidavit. In the affidavit also, the same stand has been reiterated by the C.A. that the contraband was not heroin but was Alprazolam. Apart from that, it was noticed that the percentage of Alprazolam was less than the small quantity. Under these circumstances, both the applicants were released on bail. Applicant, therefore, is entitled to be released on bail on the ground of parity. 3. Applicant be released on bail in N.D.P.S. Spl. Case No.145 of 2008 in the sum of Rs 10,000/- with one or two sureties in the like amount. He shall report to Anti Narcotic Cell, Mumai once in a month. 4. Application is disposed of. (V.M. KANADE, J.)