1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2602/2009 ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.NK Kakade, Adv. for the applicants; Mr.PM Shinde, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 12 th August,2009. 1. Heard learned Counsel extensively. 2. In an offence for infraction of Sections8, 20, 22 of Narcotic Drugs and Psychotropic Substances Act, 1985, vide Crime No. I-3005/2009 registered at Chopda (Rural) Police Station, where Ganja (cannabis), weighing 91 kg. is taken charge from the car in which the applicants/accused were travelling, seek to be released on bail. 3. The Counsel for the applicants extensively took me to the defects in F.I.R.; to the statements of the witnesses and also to the panchanama. The submission was the release of the vehicle in favour of the owner by the Court will provide a inquest to the applicants/accused to seek bail. 4. Since it was a commercial quantity of 2 91 kg., in view of the inhibition carved under Section 37 of the NDPS Act, the seizure was not based on any discreet information, it was only in routine checking, the police were conducting in the night of 23rd March, 2009, the effect of said provision cannot be obliterated to grant bail, application rejected. ( K.U.CHANDIWAL ) JUDGE bdv/cran2602.09