Bombay High Court
Ramesh Bahan Badhe vs State Of Maharashtra on 4 January, 2023
Author: M. S. Karnik
Bench: M. S. Karnik
2. ba 1405.22.doc
Urmila Ingale
Digitally signed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
URMILA by
CRIMINAL APPELLATE JURISDICTION
URMILA
PRAMOD
PRAMOD INGALE
Date:
INGALE 2023.01.05
18:07:46 +0530
BAIL APPLICATION NO. 1405 OF 2022
Ramesh Bahan Badhe ..Applicant
Vs.
The State of Maharashtra .. Respondent
------------
Mr. Amol P. Mhatre, for Applicant.
Ms. P. N. Dabholkar, APP for State.
------------
CORAM : M. S. KARNIK, J.
DATE : JANUARY 4, 2023
P.C. :
1. Heard learned counsel for the applicant and learned
APP for State.
2. This is an application for bail in connection with C.R.
No.I-167 of 2021 dated 30/08/2021 registered with Thane
Nagar Police Station for the offences punishable under
sections 8(c), 20, 22 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (hereafter "NDPS Act", for short).
3. The applicant is from the State of Orissa. The
department received a secret information about a person
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2. ba 1405.22.doc
who would be carrying contraband substance i.e. ganja near
Thane railway station. Accordingly, the search was carried
out and the applicant was found in possession of 18 kgs.
ganja. The raid was carried out on 30/08/2021 and
immediately the applicant was arrested.
4. Learned APP vehemently opposed the application. She
submits that the applicant is from Orissa and is not likely to
attend the trial. There is every possibility of jumping bail.
Reliance was placed on the decision of the Gujarat High
Court in the case of 1Shirish Madhavdas Parikh Vs. State
of Gujarat to place emphasis on the principles and factors
which requires consideration at the stage of trial cannot be
emphasised when an application for bail during the
pendency of the trial is presented. She further submitted
that there was a large quantity of ganja which was seized
from the applicant and that with a view to save our country
from the evil of these activities, it is necessary to deal with
the applicant strictly. According to her if the applicant is set
free, it is likely that he will indulge in the same activity and
do enormous harm to the Society.
1 1990 (1) GLR 617
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5. The applicant is in custody for more than 1 year and 4
months. My attention is drawn to the FIR wherein it is
recorded that green leaves which had strong smell were
found in gunny bag. Section 2(iii)(b) of the NDPS Act
provides "ganja, that is, the flowering of fruiting tops of the
cannabis plant (excluding the seeds and leaves when not
accompanied by the tops), by whatever name they may be
known or designated." The FIR and the panchnama record
that what was found in possession of the applicant were
leaves which were suspected to be ganja. No reference to
flowering or fruiting tops is made.
6. Pursuant to the order passed by this Court, the
chemical analysis report was called indicating the results of
analysis of the leaves which were sealed and sent for the
purpose of analysis. In the said report, the description of
the articles contained in the parcel is mentioned as
flowering/fruiting tops with greenish leaves and stalks in
two separate press sealed polythene bags put in two
separate envelopes. The results of analysis are that the
samples are ganja. However, as per the FIR and
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panchanama what was found are green leaves and there is
no reference to the flowering of fruiting tops of cannabis
plant.
7. Learned counsel for the applicant relied upon the
decision of this Court in the case of 2Ramesh s/o Rangrao
Mohite Vs. State of Maharashtra wherein it was held that
the description of the ganja which was seized is only leaves
and not the flowers or flowers with leaves. It is held that
this description does not answer the definition of Narcotic
Drugs as proved under section 2 of NDPS Act, which defines
ganja.
8. For the reasons aforementioned, a case for releasing
the applicant on bail is made out and also on the ground
that the applicant is in custody for more than 1 year and 4
months with the possibility of trial concluding any time soon
is remote. Moreover, there are no criminal antecedents
against the applicant. The applicant is 21 years of age.
There is nothing placed on record to infer that the applicant
is likely to commit offence of similar nature in future. By
imposing certain stringent conditions, the applicant can be
2 2006 ALL MR (Cri) 1754
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released on bail. Hence, the following order.
ORDER
(a) The application is allowed.
(b) Applicant- Ramesh Bahan Badhe shall be released on bail in connection with C.R.No.I-167 of 2021 registered with Thane Nagar Police Station, on his furnishing P.R. Bond of Rs.50,000/- with one or more local sureties in the like amount.
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.
(d) The applicant shall attend the concerned Police Station once in a month i.e. on first Monday of every month between 11.00 a.m. and 1.00 p.m. till the trial is over.
(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
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8. The application is disposed of.
(M. S. KARNIK, J.) 6/6