1 Cri.B.A.No.384/22 Order below Exh.1 in Cri. Bail Application No.384/2022

Vilas Krishnaji Atre … Applicant Accused.

Vs.

The State of Maharashtra through Police Inspector, Wavi Police Station, Wavi, Tal. Sinnar. (Cr. No.II 63/2022) .. Prosecution

Order below Exh.1.

1.This application has been filed by the applicant/accused under section 439 of Cr.P.C. for releasing him on regular bail in the aforesaid Crime registered at Wavi Police Station, for the offences punishable under sections 8, 15, 18 and 22 of the NDPS Act, 1988.

2.According to the case of the prosecution, the FIR has been lodged by one Prakash Ramnath Gavali on 17.03.2022 alleging therein that the applicant/ accused has cultivated the Opium plants in his field located at Gat No.405 in Malwadi Shiwar, Malwadi, Tal. Sinnar.

On receipt of the information, police conducted raid and has seized Opium plants weighing 130 KG worth Rs.2,60,000/­. Thereafter, the offence was registered and applicant accused was arrested on 18.03.2022 and since then, he is in judicial custody.

3.The learned counsel Mr. R.J.Kasliwal appearing for the applicant/accused has argued that the applicant is innocent and has not committed any offence. He is 62 years of old. He was operated for brain tumor. Further, due to his old age and as he is suffering from various ailments, he doesn’t go out on the field. Thus, he has no personal knowledge about the crops. He has given his land on Batai.

He was therefore not found in conscious possession of the said Opium Plants. Further, the provisions of Section 50 of the Act are not complied with. Nothing remains to be seized. He has no criminal antecedents. The applicant has no concern with the alleged offence.

He is ready to abide each and every conditions if any, imposed by this Court. Considering all these grounds, he prayed for release of applicant on bail.

4.The investigating Officer appeared and filed his reply vide Exh.5 and strongly opposed the application on the ground that the offence is serious in nature. The investigation is at its initial stage.

Hence, prayed for rejection of the application.

The ld. APP Smt. Reshma Jadhav has strongly opposed the application vide her reply vide Exh.6 and submitted that the offence is serious in nature and the investigation is at its initial stage and detailed investigation is necessary. If applicant is released on bail, he may tamper with evidence and may not abide the terms and conditions. Hence, prayed for rejection of the bail.

5.After hearing both the sides and going through the papers, prima facie, it appears that the offence is serious in nature. The investigation is in process but considering the age and medical ailments of the applicant and that he is still admitted at Civil Hospital, I am inclined to grant bail to applicant. Hence, following order.

O r d e r

1.Application is allowed.

2.Applicant/ accused shall be released on regular bail on furnishing his P. R. bond of Rs.25,000/­ with one or more sureties in the like amount.

He shall ­
(a) not act in manner injurious to the interest of the prosecution.

(b) furnish the address of his residence, copy of Pan or Adhar card at the time of execution of bond and shall not change the residence without prior permission of this Court.

3.If the applicant/accused commit breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.

Digitally signed by NAIR NAIR SANDHYA SANDHYA SUNIL SUNIL Date: 2022.04.01 17:09:20 -0600
( Smt. S.S. Nair ) Date : 01.04.2022. Addl. Sessions Judge ­4, Nashik.