Cri. Bail Appl. No.1357 of 2022 (Or Exh.1)
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IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application. No.1357 of 2022
CNR No.MHNS010056602022
Chiman Pandu Ghode
Age : 54 years, Occ : Agriculture
R/o : Ghodewadi (Takedhchi)
Tal. Igatpuri, Dist. Nashik.

… Applicant/accused.

V/S
State of Maharashtra
Through : Ghoti Police Station.
(C.R. No.II­37/2022)
… Respondent/State.

Appearance : Ld. Adv. Shri. Shivam D. Walzade for Applicant/Accused.
Ld. A.P.P. Shri. Pankaj Chandrakor for Respondent/State.
Shri. Dilip Khedkar, (I.O.) A.P.I.
ORDER BELOW EXH. NO.1
(Delivered on 17th November, 2022)
1.

This is an application under Section 439 of Cr.P.C. for regular
bail in connection with C.R. No.II­37/2022 registered with the respondent
Ghoti Police Station against the accused for an offence punishable under
Sections 8 (C), 20, 20 (A) (1) (2) (C) and 22 of the N.D.P.S. Act.
2.

Read the application and the say. Heard Ld. Advocate for
applicant. Ld. A.P.P. for the State and the I.O. in person. Perused the
police­papers produced for inspection by the I.O. So also particularly
perused the inventory panchanama drawn by the Ld. J.M.F.C., Igatpuri.

Cri. Bail Appl. No.1357 of 2022 (Or Exh.1)
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3.

It is alleged by the prosecution that, the Officer of Ghoti
Police Station had received the secret information and acting on the said
information, they went to the place of applicant and found that, he had
planted Ganja (xkat k) in his field. The said Ganja (xkat k) was seized in
presence of panchas. The necessary legal requires were fulfilled and
thereafter report came to be lodged against the applicant.
4.

It is the case of the applicant that, he is been falsely
implicated in this case. Alongwith him, there are other co­owners of the
land, wherein the alleged Ganja (xkat k) was grown­up. Applicant is a senior
citizens and the family members are dependent on him. The quantity of
Ganja (xkat k) is small quantity and the offence is bailable. This is the second
bail application. The change in circumstances is that, inventory
panchanama was drawn after the rejection of the first bail application.
Therefore, prayed to allow the application.
5.

Respondent filed their say vide Exh.5 and objected on the
ground that, there is a prima­facie case made out by the respondent against
the applicant as he was found planted and producing the Ganja (xkat k). The
applicant may threaten the witnesses, if released on bail. Investigation is in
progress. Offence is as against the Society at large. Therefore, prayed to
reject the application.
6.

On the submission of the duo Advocates and the authorities
relied on record, the objection raised by the respondent is that of the
maintainability of the application in hand. It is a fact that, when the
previous bail application was rejected, the inventory panchanama was not
drawn. The I.O. has come with the inventory panchanama today on the
direction of this Court. There is a difference between the weight of Ganja
Cri. Bail Appl. No.1357 of 2022 (Or Exh.1)
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(xkat k) seized by the Police and the panchanama drawn by them and the
inventory panchanama. Therefore, this Court finds that, there is a change in
circumstances and therefore the application in hand is maintainable.
7.

On merits the earlier bail application was rejected by this
Court by holding that, there is a prima­facie case made out and the
investigation is in progress. The Court while deciding the first bail
application observed that, after the C.A. report comes, then it will be
possible for the Court to make an observation about whether the seized
Ganja (xkat k) from the possession of the applicant is commercial quantity or
small quantity. Now, the inventory panchanama was shown to the Court,
wherein the Ganja (xkat k) weight was 19 plus Kg, but less then 20 Kgs. If
the Ganja (xkat k) is more than 20 Kgs, then it falls under commercial
quantity. It is true that, there is a different in weight between the
panchanama drawn by the Police and the inventory panchanama drawn by
the Ld. J.M.F.C., Igatpuri. Ld. A.P.P. tried to justify the difference by
arguing that, when it was seized by the Police it was wetty and when the
inventory panchanama was drawn it had dried. Therefore, there is a
difference in the weight. This argument of Ld. A.P.P. seems to be just and
proper.
8.

Ld. Advocate for the applicant submitted that, there is a small
quantity and therefore the applicant is entitled for the bail. However, this
Court finds that, though it is below the commercial quantity, but it is greater
then smaller quantity and it is very near to the commercial quantity. The
investigation is in progress. The offence is serious in nature. There is a
prima­facie involvement of the applicant in the Crime and it is evident from
the allegations and the material placed on record, therefore this Court finds
that, the applicant is not entitle for a bail.

Cri. Bail Appl. No.1357 of 2022 (Or Exh.1)
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As far as the authorities i.e. Dayaram Gumala Pawara v/s
9.

State of Maharashtra and Suresh Maruti Pawar v/s State of
Maharashtra. In these authorities, the investigation was over and the
Charge­sheet was filed and there was no compliance of the provisions of
N.D.P.S. Act. Therefore, Their Lordships granted bail. It is not the case in
hand. The investigation is in progress. Therefore, the said authority can not
be said to be applicable to our case in hand.
As far as the third authority is concerned, i.e. Kunal Dattu
10.

Kadu v/s Union of India. In this authority, the applicant was not present on
the spot and on the say of co­accused his name came to be added as an
accused. The investigation was completed. The C.A. report was before the
Court. In our case in hand, investigation is in progress. Therefore, this
authority can not be said to be not applicable to our case in hand.
11.

In the result, the application fails. Hence, the order.
ORDER
1.

Criminal Bail Application No.1357/2022 stands rejected.

2.

Inform the order to the I.O.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 17/11/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.11.17
17:25:18 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.