DHANANJAY BABASO SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Sec. 439 of the Code of Criminal Procedure in Crime No.250 of 2020 registered with Police Station Rajarampuri, Kolhapur, for offences punishable under Sec. 20(b) of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).

(2.) It is the case of prosecution that on 19th June 2020 the Officers of Rajarampuri Police Station received a secret information that a person is bringing narcotic drug viz. ganja for sale at Shenda Park. Accordingly, a trap was arranged and the applicant was arrested. The applicant was found in possession of ganja to the tune of 20.400 kgs worth Rs.6,52,800.00. First Information Report (FIR) accordingly came to be registered.

(3.) Mr.Mankapure, learned counsel for the applicant, submits that on perusal of the charge-sheet itself it is difficult to establish that the said alleged contraband would fall within the four corners of "ganja" as defined under Sec. 2(b) of the NDPS Act. According to the learned counsel the investigation is concluded and the charge-sheet has been filed. The trial is not likely to conclude in the near future. Under such circumstances, the application deserves to be allowed. The learned counsel also placed reliance on Laxman Shankar Ghankute vs. State of Maharashtra (Criminal Bail Application No.2583 of 2019 dated 23rd June 2021) , Kallappa Irappa Biradar vs. State of Maharashtra (Criminal Bail Application No.590 of 2021 dated 20th August 2021) and Hari Mahadu Valse vs. State of Maharashtra (Criminal Bail Application No.2299 of 2019 dated 29th July 2021) .