Nandkishor Hiraman Gavali vs The State Of Maharashtra And ...
2023 Latest Caselaw 601 Bom

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         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                  932 BAIL APPLICATION NO.2136 OF 2022


Nandkishor Hiraman Gavali,
Age; 28 years, Occ; Labourer,
R/o; Pawannnagar, Chalisgaon Road, Dhule,
Tq. and District Dhule.                                       ...Applicant

                VERSUS

1.     The State of Maharashtra,
       Through Police Inspector,
       Bazar Peth Police Station, Bhusawal,
       Tq. Bhusawal, Dist. Jalgaon.

2.     The Superintendent of Police,
       Jalgaon, District Jalgaon.                        ...Respondents

                                  ...
 Advocate for Applicants : Mr. A.K.Bhosale h/f Mr.Vishnu B. Madan
           APP for Respondents-State : Mr.S.P.Deshmukh
                                  ...

                               CORAM : S. G. MEHARE, J.
                               DATE : 17.01.2023.

PER COURT :


1.              Heard the learned Counsel for the applicant and the

learned APP for the respondent State.


2.              In view of the record of the case, prima-facie it appears

that Section 42 and 50 of the Narcotic Drugs and Psychotropic

Substances Act, 1985 (for short "the NDPS Act") have not been

properly complied with. That apart, whether the quantity of Ganja

seized from the applicant is a commercial quantity is also doubtful for




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the reason that flowing tops of Ganga plants were not separated from

the plant. That apart, the applicant is not the owner of the vehicle. It

is claimed that he was labourer. The law as regards non compliance

of Section 42 to 50 of the NDPS Act is settled by various judgments

i.e. Sholadoye Samuel Joy Vs. The State of Maharashtra 2022 ALL

MR (Cri.) 1420 and Karnail Singh Vs. State of Haryana 2009 (8) SCC

539. The ratio laid down in the case of Karnail Singh (supra) has

been followed in various cases. In view of the settled law and the

doubtful      situation        about   the   commercial      quantity       and      non

compliance of Section 42 to 50 of the NDPS Act, the application

deserves to be allowed. Hence following order :

                                        ORDER

a)     The application is allowed.
b)      Applicant - Nandkishor Hiraman Gavali, in be released on bail,

on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in C.R.No. 499 of 2021 registered with Bhusawal Baarpeth Police Station, District Jalgaon, for the offence punishable under Sections 20 and 29 of the NDPS Act, on the condition that the applicant -

a) Shall not to tamper the prosecution witnesses and

b) Shall attend the trial on each and effective dates of hearing.

c) Shall not involve in any single crime.

( S. G. MEHARE ) JUDGE mahajansb/