SUNIL VASANTRAO PHULBANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Patwardhan, learned Counsel for the applicants, and Shri Dhote, learned Additional Public Prosecutor for the non-applicant.

(2.) THE present criminal application is moved by the applicants under Section 439 of Code of Criminal Procedure for grant of regular bail for the offences punishable under Sections 20, 22 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) SHRI Patwardhan, learned Counsel for the applicants, submits that the applicants are permanent residents of Ramtek, District Nagpur. The applicant No. 1 is dealing in business of travels and owns and possesses one Maruti Van bearing Registration No. MII-29/c-250. The applicant No. 2 is working as Driver with the applicant No. 1. The Maruti Van owned by the applicant No. 1 was hired by one Rajesh Roy for the purpose of going to Andhra Pradesh for his work and the said vehicle was returning back on 23-6-2001. On that day, Police officials of Pandharkawada Police Station, District Yavatmal received information that ganja was being transported in the said vehicle. The Police officials made arrangement for search of the vehicle and during the course of search of the vehicle, ganja worth 100 kgs. , which was kept in gunny bags, was seized from the vehicle. On 23-6-2001, offences under Sections 20, 22 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were registered vide Crime No. 3122/2001 against the applicants and they were arrested. On 24-6-2001, both the applicants were produced before the Judicial Magistrate, First Class, Pandharkawada and they were remanded to Police Custody.