MANOJ RUPSING SOLANKI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with crime No.44 of 2019 registered with Songir police station, District Dhule for the offences punishable under Sections 8(c) , 20(b) and 22 of the N.D.P.S. Act. His application with similar prayer Exh.3 in Special Case No.144 of 2019 came to be rejected by the learned Additional Sessions Judge-3, Dhule vide order dated 4.1.2020.

(2.) Learned counsel for the applicant submits that on 30.8.2019 during the course of the patrolling as usual by the police party, travel bus was searched. It has been alleged that in the dickey of the said travel bus two air bags containing 26 kilograms of Ganja kept in plastic bags was found. Learned counsel submits that the applicant allegedly was travelling in the said travel bus as a passenger. The applicant was not the sole passenger in the said travel bus at the relevant time. Learned counsel submits that the dickey of the travel bus is on the back portion of the bus and opening of the said dickey is from the back side itself and there cannot be access to the said dickey of the travel bus from inside of the bus. Learned counsel submits that allegedly the applicant has boarded the said travel bus from Palasner at about 1.00 am. On the basis of the statement of the driver, it has been alleged that those bags belongs to the applicant. Learned counsel submits that it is diffcult even for a driver at such a odd time if the passenger has boarded the bus in transit to recognize the luggage as belonging to a particular passenger. Learned counsel submits that even on seizure of those bags, no article was found indicating that those bags belong to the applicant. Learned counsel submits that there is no conscious possession of the applicant. So far as said quantity of Ganja is concerned, there is no criminal history. The applicant is in jail in connection with the said crime since 30.8.2019. The applicant is having a fxed place of residence at Pendharniya Taluka Varla, District Badwani (Madhya Pradesh) since birth. In order to substantiate the same, the applicant has placed on record the documents i.e. mark sheet cum HSC certifcate, Aadhar card, caste certifcate, Ration card and Parivar Patra. The applicant is available for trial, if released on bail.

(3.) Learned A.P.P. has strongly resisted the application on the ground that the applicant caught red handed while travelling with the bags containing commercial quantity of Ganja. It is for the trial court to consider as to whether the said possession of the applicant was conscious possession. Prima facie, there is strong case against the applicant. In view of the bar to section 37 of the NDPS Act, the applicant is not entitled to be released on bail. On the basis of the statement of the driver and cleaner of the said bus, it has been revealed that those bags containing commercial quantity of the Ganja belong to the applicant. Application may be rejected.