Bombay High Court
Laxman Ankush Jadhav vs The State Of Maharashtra on 20 January, 2021
Bench: R.P. Mohite-Dere
Digitally
signed by
Shagufta Shagufta
Q. Pathan
Q. Date: 32-ba-2707-2019.doc
Pathan 2021.01.22
17:13:14
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 2707 OF 2019
Laxman Ankush Jadhav ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Harshad Sathe i/b Mr. Saurabh Butala for the Applicant
Mr. A. R. Patil, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J.
WEDNESDAY, 20th JANUARY 2021
P.C. :
1 Heard learned counsel for the applicant and the learned A.P.P
for the State.
2 By this application, the applicant seeks his enlargement on bail
in connection with C.R. No. 90 of 2018 registered with the Satara City
Police Station, Satara, for the alleged offences punishable under Sections
20(b)(ii)(c) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances
Act (`NDPS Act').
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3 Learned counsel for the applicant submits that the applicant
was found in possession of 4 kg 200 grams of ganja, an intermediate
quantity and therefore, the rigours of Section 37 of the NDPS Act would
not apply and as such prays for grant of bail. He submits that applicant has
no antecedents. Learned counsel relied on the judgment of the Apex Court
in Birbal Prasad alias Birbal Prasad Sah alias Birbal Prasad Sao alias
Birbal Prasad Sah vs. State of Bihar 1 and the order of this Court in the
case of Vivekanand Vikas Bodare vs. The State of Maharashtra2.
4 Learned A.P.P opposes the application. He submits that the
applicant, who was riding a bike, was found in possession of 4 kgs 200
grams of ganja, and that at the same time, in another car (Santro), 82 kgs
ganja was seized. He submits that the total quantity seized from the Santro
Car and the bike is 86 kgs 100 grams, which is a commercial quantity, thus,
disentitling the applicant for bail.
5 Perused the papers. It is alleged by the prosecution that on 7 th
February 2019, the police received confidential information that two
persons would be carrying ganja in a Santro Car No. MH-11-Y-3796 and
1 (2018) 11 SCC 488
2 Criminal Bail Application No. 995/2019 dated 27/1/2020
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on a two-wheeler bearing No. M-11-AS-1541, to Satara City. Pursuant to
the said information, the police laid a trap and both the vehicles i.e. a bike
(which the applicant was riding) and a Santro Car were caught and total
ganja weighing 86 kgs 100 grams were seized from both the vehicles. The
applicant was driving the bike and from his possession, 4 kgs 200 grams
ganja was seized and from the Santro Car, which was driven by the co-
accused, 81 kgs 900 grams of ganja was seized.
6 Although learned A.P.P submitted that the total seizure of ganja
will have to be considered since it emanated from a common information,
having perused the judgments relied upon by the learned counsel for the
applicant, the said contention will have to be rejected. This Court (Coram :
Prakash D. Naik, J.) in Criminal Bail Application No. 995/2019 (Supra),
has dealt with a similar situation i.e. that the information was common and
that the raid was conducted at the same time. This Court, after considering
several judgments, observed that prima facie, there was no evidence to
show that the accused therein were acting in connivance with each other
and there is conspiracy to commit the crime and or there was meeting of
mind to commit alleged act. In the said case, Section 29 of the NDPS Act
was invoked, albeit, at a subsequent stage. However, in the present case,
Section 29 of the NDPS Act has not been invoked. No doubt, in the present
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case, the information is common and the raid was conducted at one and the
same time, pursuant to the said information received, however, prima facie,
there is nothing on record to show that accused No. 1 and the applicant
(accused No.2) who were in different vehicles, were members of a
conspiracy or had acted in connivance with each other. The applicant was
on a bike and was found in possession of 4 kgs 200 grams of ganja, an
intermediate quantity, whereas, the accused No. 1, who was driving the
Santro Car has been found in possession of 81 kgs 900 grams of ganja
(commercial quantity).
7 Having regard to the quantity seized from the applicant i.e. 4
kgs 200 grams, the rigours of Section 37 of the NDPS Act would not apply.
The applicant is in custody since May 2019. Investigation is complete and
charge-sheet is filed. The applicant has no antecedents.
8 Considering the aforesaid, the applicant deserves to be
enlarged on bail on the following terms and conditions :
ORDER
(i) The applicant be enlarged on bail, on executing PR Bond in the
sum of Rs. 25,000/- with one or more sureties in the like amount;
SQ Pathan 4/6
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(ii) The applicant shall attend the concerned Police Station on the
first Sunday of every month between 10:00 a.m. to 12:00 noon, till
the conclusion of the trial;
(iii) The applicant shall inform his latest place of residence and
mobile contact number immediately after being released and/or
change of residence or mobile details, if any, from time to time to the
Court seized of the matter and to the Investigating Officer of the
concerned Police Station;
(iv) The applicant to cooperate with the conduct of the trial and
attend the trial Court on all dates, unless exempted;
(v) The applicant shall not tamper with the evidence or attempt to
influence or contact the complainant, witnesses or any person
concerned with the case;
(vi) The applicant shall file an undertaking with regard to clauses
(ii) to (v) in the trial Court, within two weeks of his release;
(vii) If there is breach of any of the aforesaid conditions, the
prosecution shall be at liberty to seek cancellation of the applicant's
bail.
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9 The application is allowed in the aforesaid terms and is
accordingly disposed of.
10 It is made clear that the observations made herein are
prima facie, and the trial Court shall decide the case on its own merits, in
accordance with law, uninfluenced by the observations made in this order.
11 All concerned to act on the copy of this order, digitally signed
by the Senior Private Secretary of this Court.
REVATI MOHITE DERE, J.
SQ Pathan 6/6
