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42-ba-800.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION (BA) NO. 800 OF 2022

Nararyan s/o Dipkar Shahu Versus State of Maharashtra, thr. Railway Police Station,

Nagpur.

Office Notes, Office Memoranda of

Court's or Judge's Order

Coram, appearances, Court's Orders

or directions and Registrar's order

Shri S.D. Chande, counsel for the applicant.

Shri T.A.Mirza, APP for the non-applicant/State.

CORAM : ANIL S. KILOR, J.

DATED : 10/08/2022

1.

The applicant is seeking bail in connection with

Crime No. 526/2021, dated 11/11/2021, registered with

Railway Police Station, Nagpur, for the offences punishable

under Sections 8(c), 20(b)(ii), 27(a), 29 of the Narcotic Drugs

and Psychotropic Substances Act, 1985 (hereinafter referred to

as NDPS Act).

2.

Learned counsel for the applicant submits that

nothing has been recovered from the applicant and therefore,

though the quantity of the contraband was found to be a

commercial quantity, the applicant is not involved in the

alleged offence, and as such he is entitled for grant of bail.

3.

He further submits that, in this case, charge-sheet

has already been filed and custody of the applicant is no more

required for investigation.

4.

On the other hand, Shri T.A.Mirza, learned APP

strongly opposed the present application and submits that,

from both the accused persons, contraband weighing 47 Kg,

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42-ba-800.2022.odt

465 Grams, was recovered and though the applicant has not

arrested on the spot, however, he was at Nagpur Railway

Station i.e. the spot of occurance, as per the C.D.R. and other

material collected by the Investigating Officer. He submits that

the confessional statement was given by the applicant.

Accordingly, he submits that, this is not a fit case for grant bail

to the applicant.

5.

I have perused the Charge-sheet and Case-diary.

6.

The C.D.R. of the applicant’s mobile, shows that

at the relevant time, location of the applicant was Railway

Station, Nagpur i.e. the spot of occurrence. Furthermore, the

other incriminating material is there to show that the applicant

is involved in the alleged offence. In addition to the same,

confessional statement of the applicant is there.

7.

In the light of the observations made by the

Hon’ble Supreme Court of India in the case of Narcotics

Control Bureau vs Mohit Aggarwal¹, the submission of the

learned counsel for the applicant that, the applicant is in jail

from last nine months and as the charge-sheet is filed and

further custody of the applicant is not required, cannot be

accepted. Accordingly, I pass the following order:

The criminal application is rejected.

[ANIL S. KILOR, J.]

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2022 LiveLaw(SC) 613

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Signed By:RAJESH K

NANDURKAR

Signing Date:11.08.2022 17:14