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Judgment
Manish Pitale, J
Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.
This is an application for bail preferred by the applicant who was arrested in connection with First Information Number 0099/2021 dated 26.03.2021
registered at Police Station Pinjar, District Akola for the alleged offences under Sections 8(c) and 20 (b)(ii) of the Narcotics Drugs and Psychotropic
Substances Act, 1985 and Section 65 (E) of the Maharashtra Prohibition Act, 1949.
The principal submission made on behalf of the applicant is that even as per the Investigating Agency 2/4 20 ba 420.21.odt the quantity of the
banned substance i.e. Ganja allegedly recovered from the applicant was 7 Kg and 60 grams. According to the learned counsel for the applicant, as per
the notification specifying small and commercial quantity issued under the provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985,
in so far as Ganja is concerned at serial No.55, it is specified that commercial quantity is 20 Kg. On this basis, it is submitted that when the allegedly
recovered amount of Ganja was much less than the commercial quantity specified under the provisions of said Act a strong prima-facie case was
made out in favour of the applicant for grant of bail.
Shri A.M. Kadukar, learned APP opposed grant of bail on the ground that the applicant was running a shop from where the said amount of Ganja
was recovered and if he is enlarged on bail, there is every possibility of the applicant indulging in similar activity to the detriment of the society at large.
Considering the fact that even as per the allegations made against the applicant, the quantity of Ganja recovered from him was 7 Kg and 60 gm
while the aforesaid notification issued under the provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985 specifies commercial
quantity 20 Kg, this Court is inclined to grant bail to the applicant. At the same time, the apprehension expressed on behalf of the State also needs to
be addressed. Therefore, appropriate conditions need 3/4 20 ba 420.21.odt to be imposed on the applicant while granting bail.
In view of above, the application is allowed in the following terms:-
(a) The applicant shall be released on bail on furnishing PR bond of Rs.50,000/- (Rs. Fifty Thousand Only) and surety in the like amount in connection
with First Information Report Number No.0099 dated 26.03.2021 registered at Police Station Pinjar, Akola for the alleged offences under Sections
8(c), 20 (b)(ii) of the Narcotics Drugs and Psychotropic Substances Act, 1985 and Section 65 (E) of the Maharashtra Prohibition Act, 1949.
(b) The applicant shall not enter Taluka Barshitakli and the area under jurisdiction of Pinjar Police Station in District Akola during the pendency of the
trial as a condition for grant of bail.
(c) The applicant shall report to Police Station Civil Lines, Akola on every second and forth Monday of month between 10 AM to 12 Noon.
(d) The applicant shall co-operate with the trial Court in expeditious completion of the trial and he shall remain present on each and every date of the
proceedings before the trial Court.
(e) The applicant shall not himself or through any other person tamper with the evidence and influence prosecution witnesses.
Needless to say, the applicant shall be liable for cancellation of bail, if any of the aforesaid conditions are violated. It is further clarified that the
observations made in this order are limited to the question for grant of bail to the applicant and that the trial Court shall not influenced by the
observations made by this Court hereinabove, during the course of trial.