RAMSEVAK RAMNIHOR YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No.3028 of 2020 registered with Chopda Rural Police Station, Taluka Chopda, District Jalgaon for the offences punishable under sections 8 (c), 20(c), 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 read with under section 188, 269, 270 of Indian Penal Code and under section 51 (b) of the Disaster Management Act, 2005. His applications with similar prayer Exh.9 and 12 in Special NDPS Case No.22 of 2020 came to be rejected by the learned Additional Sessions Judge, Amalner vide order dated 6.8.2020.

(2.) Learned counsel for the applicant submits that though the applicant caught red handed during the raid, however, as per the allegations made in the FIR so also the statements of the members of the raiding team, the applicant was driving the vehicle at the relevant time. Learned counsel for the applicant submits that, the applicant is the owner-cum-driver of the Eicher goods vehicle. Learned counsel submits that one Jafar from Mumbai had hired the said Eicher goods vehicle for carrying the wheat bags from Chopda to Mumbai. Accordingly, the applicant had driven his Eicher Goods Vehicle to Chopda and loaded his vehicle with the wheat bags weighing 29.600 quintols at the shop of M/s Maganlal Govindram Agrawal. Learned counsel submits that as transpired during the investigation that accused nos.3 and 4 have kept the contraband articles below the wheat bags during the journey from Chopda to Shirpur at the instance of one person namely Bhura and said person namely Bhura was acting under the instructions of main culprit Jafar. Learned counsel submits that however, even after completion of the investigation as against the present applicants and those accused nos. 3 and 4 neither the said person known as Bhura nor main accused Jafar arraigned as accused persons in the charge-sheet by showing them as the person absconding. Learned counsel submits that there is no connecting evidence against the applicant to indicate his conscious possession over the said contraband articles. There is no criminal history. The applicant is in jail since 17.5.2020. The applicant has a fxed place of residence. He is available for trial. The applicant is ready to abide any condition, if imposed by this court. The applicant may be released on bail.

(3.) Learned A.P.P. has strongly resisted the application on the grounds that at the instance of said Jafar, present applicant had been to Chopda to bring the contraband articles and in order to cover up the same, Eicher vehicle shown to have been loaded with wheat bags. Learned APP submits that accused nos.3 and 4 who also caught red handed were travelling on their bike following Eicher vehicle and during the journey from Chopda to Shirpur, those contraband articles were taken from one spot and kept in the Eicher vehicle beneath the wheat bags at the knowledge of the applicant. Learned APP submits that prima facie, there is strong case against the applicant. The applicant caught red handed alongwith the contraband articles kept below the wheat bags. The applicant may not be released on bail in terms of section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985.