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Cri. Bail Application No. 912 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 912 OF 2022
{Sagar Ganesh Ahire and another vs. The State of Maharashtra through
Ambad Police Station}
This is the bail application under section 439 of the
Criminal Procedure Code, 1973 filed by the applicants-accused in crime
No. 328 of 2022 registered with Ambad Police Station for the offences
punishable under sections 8-C, 20-B and 29 of the N. D. P. S. Act
02]
The applicants contended that false and fabricated case is
registered against them. They are innocent and have not committed any
offence. No offence is made out against them. They are not concerned
with the alleged ‘Ganja’ seized in the crime. The police has not followed
the provision of section 41 to 58 of N. D. P. S. Act. Investigation is
practically completed. Their custodial interrogation is not required. No
gazetted officer was present at the time of alleged raid and section 50 of
the said Act is not followed. The quantity required is intermediate
quantity. Accused are poor and their family is dependent on them. They
have deep roots in the society. Hence, they have prayed for grant of bail.
03]
learned APP has filed say at Ex. 04 and I. O. has also filed
say at Ex. 05. They have stated that the offence is of serious nature. If
the accused are released on bail, they will save the other accused from
arrest and will threat the witnesses and will not have any fear in mind.
Hence, they have prayed for rejection of bail.
04]
Heard the learned counsel for accused and learned APP.

They have argued as per their stand taken.
05]
I have gone through application, say, arguments, documents
and police papers. There is prima-facie case against both the accused
under the aforesaid sections. They were caught raid handed having
possession of 10 K. G.302 grams of ‘Ganja’ with them. The offence is of
serious nature. The quantity of Ganja is intermediate, but huge quantity.

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It appears that, the raid is conducted as per the provisions of the said
Act. There is no strong evidence against them. The punishment is
severe. The investigation is going on. In such circumstance, they are
not entitled for bail. Hence, the following order:
ORDER
Application is rejected.
Digitally signed
by RATHI
ROOPESH
RATHI
RAMSWARUP
ROOPESH
RAMSWARUP Date:
2022.07.25
18:45:10
+0530
Date : 25.07.2022
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.