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2023 Supreme(Online)(Bom) 15226
HIGH COURT OF BOMBAY
M. S. Karnik, J
Bajrang Sadashiv @ Nana Patil – Appellant
Versus
The State of Maharashtra – Respondent
Bail Application No. 3916 of 2021 | Bail Application No. 4282 of 2021
For the Appellants/Petitioners: Nitin Sejpal, Pooja N. Sejpal, Sandeep S. Salunkhe
For the Respondents: P. N. Dabholkar
Bail granted due to lack of evidence against applicants and prolonged custody exceeding 1.5 years.
Headnote:(A) Indian Penal Code, 1860 - Sections 420 and 34 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20(b), 25, 29 and 31 - Motor Vehicles Act, 1988 - Sections 146, 196 - Bail applications filed in connection with C.R. No.I-716 of 2021 involving allegations of possession of contraband - No recovery from applicants and lack of prior criminal antecedents considered - Bail granted due to custody duration exceeding 1 year and possibility of trial being remote. (Paras 4, 5, 7, 9)
Facts of the case:
The applicants in both bail applications are accused in connection with a narcotics case where a significant quantity of Ganja was found in a vehicle. Their involvement was primarily established through contacts with co-accused and there was no direct recovery from them.
Findings of Court:
The court highlighted that the contraband did not meet the statutory definition of Ganja due to lack of flowering or fruiting tops. Both applicants were granted bail due to lack of direct evidence linking them to the crime and their lengthy detention.
Issues: The court addressed the question of evidentiary support for charges against the applicants and their criminal history, along with the nature of the contraband seized.
Ratio Decidendi: The court found that since no contraband was recovered from the applicants and they had no criminal antecedents, coupled with their lengthy custody, it was appropriate to grant bail, emphasizing the principle of presumption of innocence.
Result: Bail granted to both applicants.
| Table of Content |
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| 1. contraband lacked essential characteristics of ganja. (Para 6 , 7 , 8 , 9) |
ORDER
(a) Applicant- Bajrang Sadashiv @ Nana Patil, in connection with C.R. No.I-716 of 2021, registered with Sangola Police Station, District Solapur, shall be released on bail, on his furnishing P.R. Bond of Rs.50,000/- with one or more sureties in the like amount;
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police OfÏcer. The applicant shall not tamper with evidence;
(c) The applicant shall report to the concerned police station once a month i.e. on first Monday between 11.00 a.m. and 1.00 p.m;
(d) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating OfÏcer and shall keep him updated, in case there is any change.
(e) The application is disposed of.
BAIL APPLICATION NO. 4282 OF 2021
6. This is an application for bail by the applicant- Kumar Pandurang Jadhav in connection with C.R. No.I-716 of 2021 dated 07/06/2021, registered with Sangola Police Station, District Solapur, under sections 420 and 34 of the Indian Penal Code, 1860 , sections 20(b), 25, 29 and 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sections 146, 196 of the Motor Vehicles Act, 1988 .
7. The applicant was arrested on 07/06/2021. The applicant was driving the said vehicle bearing registration no. MH-12 JF-1444 in which 318.095 Kgs of Ganja was found. It is the case that the applicant was employed by Chandrakant Kamble who has been granted bail by this Court vide order dated 22/11/2022. Even the co-accused - Vinayak Vishnu Palase has been granted pre-arrest bail. While granting bail to co-accused- Shankar Shivaji Dhale by this Court vide order dated 20/08/2021 in Anticipatory Bail Application No. 1820 of 2021, has observed in paragraph nos. 3, 6, 7 and 8 as under:
“3. The said C.R. came to be registered in the background of the complainant PSI Nale being communicated with confidential information on 06/06/2021 that at about 10 p.m., one Kumar Jadhav is going to transport gunny bags containing Ganja in one Mahendra Pick-Up to Pandharpur. With the help of the panchas, the raid was arranged and the party proceeded towards Sangola. The Mahendra Pick-Up Truck was intercepted and the driver disclosed his name to be Kumar Jadhav (Accused No.1). He provided an information that the Pick-Up was owned by one Suresh Kamble (Accused No.2). When the search of the Pick-up was carried out, behind the empty crates, 11 gunny bags with the caption ‘CP Broiler Finisher’ were found, which contained Ganja. When weighed on the weighing scale, weight of the gunny bags was found to be 318.095 kg. and the Ganja was worth Rs.63,61,900/-. The contraband has been described as fresh green in colour alongwith seeds. The samples were drawn from the gunny bags and they came to be sealed. The muddemal also refer to wet green leaves and seeds.
6. On examination of the remand papers, it can be seen that accused No.1 is giving information on every remand and in remand of 14/06/2021, he take name of one Bakshiram and give his mobile number, but is unaware of his full name and address. When the mobile numbers are tracked and their CDR are collated, it reflect that from February 2021 and June 2021, accused No.1 had gone to Andhra Pradesh for purchase of Ganja on seven occasions. His custody was sought to be extended on the ground that investigation is required to be carried out as to who are the purchasers of the Ganja and how it came to be disposed of. In the remand of 16/06/2021, accused No.1 take name of one Bhaiya with his mobile number, without full name and address. The remand papers record that accused No.1 is misleading the investigating team and speak of Bhaiya, who is from Vishakhapattnam and that he had purchased the contraband from him. The remand report furth
