MASOOD KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed under Section 438 of the Code of Criminal Procedure, 1973. The applicant is apprehending his arrest in connection with Crime No.95/2019 registered with City Police Station, Chalisgaon, Dist. Jalgaon for the offence punishable under Section 8 , 20 , 22 of Narcotic Drugs and Phychotropic Substances Act and under Section 420 , 465 of the Indian Penal Code.

(2.) Heard learned Advocate Mr. G.L. Deshpande for applicant and learned AGP Mr. V.M. Kagne for respondent/State.

(3.) It has been vehemently submitted on behalf of the applicant that the applicant has no nexus with the alleged offence. He has no nexus with the co-accused. Co-accused Shaikh Saeed Shaikh Rafiq has been granted anticipatory bail on 20.09.2019 by learned Sessions Judge, Jalgaon, and therefore, on the ground of parity also the applicant is entitled to get bail. On the merits of the case it is the prosecution story that the informant who is a Police Officer was along with his squad. He has intercepted many vehicles as he claims that he has received certain secret information. He comes with a case that he was there till 1.30 a.m. on 09.03.2019. It is his say that they had stopped two vehicles, one Innova car bearing No.MH-14-AN-6532 and one Mahindra Marazzo bearing No.MH-15-GJ-1761. As per the First Information Report the persons from the Innova car were arrested. They are Shubham Rana, Bhushan Pawar and Ravindra Shinde. The informant says that the persons from Mahindra Marazzo car ran away with the car. They had spotted four persons in the said car. According to the informant, they had seized 593 k.gs. Ganja and six Cell Phones. Now, the charge sheet is also filed and perusal of the charge sheet would make it clear that the physical custody of the applicant is absolutely not required. There is no absconding, yet, he was not arrested by the police persons for the reasons best known to the police. Now, nothing is required to be seized from the applicant, and therefore, he be released on bail.