1 CrApln 2560 17regr.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 2560 OF 2017

Syed Jymthulla @ Ajimulla s/o

Sayed Karimulla, Age 32 years,

Occ.

Business,

R/o.

Kuduruchimannapalli

Tq.

Ramasamudram, District Chittur

(AP)

... Applicant

VERSUS

The State of Maharashtra.

... Respondent

Mr. N. S. Ghanekar, Advocate for the applicant

Ms. A. R. Borulkar, APP for the State.

CORAM

: K. L. WADANE, J.

DATE

:

10^th JULY, 2017

ORDER:

1.

Heard

Mr. Ghanekar, learned counsel

appearing for the applicant and Mr. Borulkar,

learned A.P.P. appearing for the respondent-State.

2.

Informant Mr. Waghmare, Police Inspector of

Jamkhed police station lodged first information

report alleging that, on 08.12.2016 in the night he

received secret information about the transportation

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of Ganja from a vehicle i.e. tempo bearing

registration No. AP 05/TB-3098 on Tuljapur-

Ahmednagar road. He intimated the said information

to his superior officer, who has instructed to

arrange a trap. Accordingly on 09.12.2016 in the

mid night at about 00.45 hours on Tuljapur-

Ahmednagar road in the vicinity of Jamkhed near

Nageshwar Temple he noticed the aforesaid vehicle.

He caught hold accused Fayyaj Pathan and the present

applicant. They were found to be transporting 130

bags of Ganja total 260 k.g. worth Rs. 26 Lakhs.

Ganja was concealed in the body of the tempo. The

present applicant and another accused were caught

hold and after registration of crime No. II-99/2016

with police station Jamkhed, they were arrested.

Now they are in M.C.R.

3.

The present applicant is stated to be a

cleaner of the vehicle and large quantity of Ganja

was found in the possession of the applicant and

another accused. From the contents of the seizure

panchnama it appears that the Ganja was hide in such

a manner that ordinarily it could be noticed to

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anybody. This goes to show that the present

applicant as well as another accused i.e. driver

were having conscious possession of Ganja.

4.

Looking to the quantity of Ganja, I am of the

opinion that, the applicant is not entitled for

bail. Hence, application is rejected.

(K. L. WADANE, J.)

mkd/-