Order below Exh.1 in Cri. Bail Application No.115/2022. CNR MHNS010002972022
[ Imran Shah Gaffar Shah Vs. State ]
The present application is moved by the applicantaccused Imran shah Gaffar Shah under section 438 of the Code of Criminal Procedure (hereinafter referred to as “Cr.P.C.” for short) for bail in connection with CR No.93/2021 (Special Case No.249/2021) registered with Adgaon Police Station for the offence under section 8(c),20(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the “NDPS Act” for short).
2.It is stated in the application that applicant accused is labour working in handloom factory. He is residing at Malegaon. On 9.7.2021 one white colour Innova car bearing No. MH01AC7009 found on Mumbai Agra road near 9th Mile from Ozar by Adgaon Police and when they searched they found canbis i.e. Ganja worth Rs.5,92,500/ in the car. But no one was present in the car, so Adgaon police seized the car and Ganja and registered the offence as CR No.93/2021 as mentioned above.
3.It is further stated in the application that after registration of the offence, police investigated the matter and arrested Nadim Arif Kalim Ahed and Azaroddin Parvesh Shaikh and filed the chargesheet before the court, which is numbered as Special Case No.249/2021, in which applicantaccused is shown as an absconded accused.
4.It is further stated in the application that he is in no way concerned with the said car and the Ganja seized by the police from the said car. One of the accused is in jail and another accused is released on bail. There is no incriminating evidence against him, nothing was seized from him so far as arrest of the applicant accused is not necessary, these and other grounds set out in the application, prayed for anticipatory bail.
5.Perused the record. The learned counsel Shri. A.I Deshmukh was absent when called time and again. Therefore, the present application is taken for decision as the application is pending since 9.1.2022. This is a second time when the I.O. appeared before this court and on the request of the learned counsel for applicantaccused hearing of present application is kept today in second half.
I.O. is also present today.
6.I have gone through the entire record.
7.The learned APP Shri. Suryavanshi submitted that role of present applicantaccused is disclosed during the course of investigation. He was present on the spot and was procuring the diesel for the said Innova car. The investigation is done so far, the name of present applicantaccused is disclosed. He played positive role in the crime. I.O. has specifically pointed out the role of the present applicantaccused in the material collected by him during the course of investigation done so far. Therefore, there is sufficient material against the applicantaccused. Hence, application is devoid of merit.
Accordingly, I passed the following order.
O R D E R
i)Anticipatory Bail Application No.115/2022 is hereby rejected.
ii) Informed to all concerned accordingly.
SHINDE Digitally signed by SHINDE MADHAV A MADHAV A Date: 2022.02.23 ( M. A. Shinde ) 18:13:50 +0530 Date 23.02.2022 Additional Sessions Judge 8, Nashik.