2024:BHC-AS:10239 3234-2022-BA=.doc Uday S. Jagtap IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3234 OF 2022 Chetan Hariraji Purohit .. Applicant Vs.

The State of Maharashtra .. Respondent .....

Mr. Mithilesh Mishra a/w Mr. Hansraj Solanki i/b Ganesh Gupta, for the applicant Ms. Anamika Malhotra, APP for the respondent – State …..

CORAM : PRITHVIRAJ K. CHAVAN, J.

CLOSED ON : 22nd FEBRUARY, 2024. PRONOUNCED ON : 28th FEBRUARY, 2024.

P.C.

1. By this application, the applicant who is one of the three accused has prayed for his release on bail in connection with an FIR registered with Chakan Police Station, Pune vide C.R. No. 49 of 2022 for the offences punishable under Sections 8(c), 20(b)(ii)(C), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Act”) for allegedly found in possession of commercial quantity of Ganja during a chance raid on 10.01.2022 at about 15.30 hours.

2. Briefly stated, it is the case of the prosecution that under the leadership of Police Inspector Satish Pawar, the police personnel were on usual patrolling duty in a Government Vehicle No. MH- 14JM-6261 along with other few private vehicles. While patrolling within the territorial jurisdiction of Alandi Police Station, when the team headed by P.I. Satish Pawar entered into the jurisdiction of Chakan Police Station on Chakan – Shikrapur Road, a White Coloured Hundai i-20 car bearing Registration No. RJ14-ZC-3310 overtook the police vehicle in a high speed. The team suspected some foul play and, therefore, followed the said Hundai i-20 car. Ultimately, the said car was intercepted wherein three passengers were found, comprising two males and one female. Admittedly, the co-accused namely Kantilal Mangilal Ghanchi and Monika Hakim Sinh have already been granted bail.

3. The Police Officer from the raiding team introduced themselves by displaying their identity cards. Upon inquiry with the passengers in the Hundai i-20 car, it revealed that the applicant though is a temporary resident of Pune basically hails from Village Karlu, Tahasil Binmal, Dist. Jalor, Rajasthan. Second accused - Kantilal Ghanchi is also a permanent resident of Tahasil Marwad Junction, Dist. Pali, Rajasthan and third accused – Monika Sinh is a resident of Hardev Nagar, Barrah Kanpur, Uttar Pradesh. The raiding team apprised them about their right to be searched in the presence of Gazetted Officer, both in Hindi and Marathi language. They were also apprised of the search and seizure of Hundai i-20 Car, which was being driven by accused Kantilal Ghanchi. All of them declined to get themselves searched in the presence of any Gazetted Officer or Magistrate in view of Section 50(1) of the NDPS Act.

4. Accordingly, the raiding team in the presence of two pancha witnesses searched Hundai i-20 car and found following contraband, which was of commercial quantity.

1. 20 kg 727 gram ganja found concealed beneath the rear seat of Hundai i-20 car in 10 packets

2. 29 kg 674 gram ganja found concealed in 39 packets stored in the dickey of the said car.

3. 17 kg 899 gram ganja found concealed in 9 packets stored in the dickey of the said car.

4. 18 kg 199 gram ganja concealed in 9 packets

5. 12 kg 344 gram ganja concealed in dickey

5. Thus, 98 kg 843 grams of ganja worth Rs. 31,73,075/- was found in the dickey of the said car. Seizure panchanama depicts that the contraband which came to be seized from the said Hundai i-20 car comprised flowering and fruiting tops of the cannabis plant along with seeds accompanied with greenish brownish coloured substance, meaning thereby, the said substance indeed falls within the definition of “Ganja” as provided in Section 2(iii)(b) of the NDPS Act. The seized commercial quantity indeed is in the form of flowering of fruiting tops of the cannabis plant. As per the definition of “Ganja”, if the flowering of fruiting tops are without seeds and leaves when not accompanied by the tops, then it would be