PAPPU SHABAN ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both applications are under Sec. 439 of the Code of Criminal Procedure, 1973, by the accused persons, who have been arrested in connection with Crime No.257/2021 dtd. 28/10/2021 registered with Azadnagar Police Station, Dist. Dhule, for the offence punishable under Sec. 20, 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and under Sec. 276 and 328 of the Indian Penal Code, 1860.

(2.) Heard learned Advocate Mrs. A.N. Ansari for the applicants in Bail Application No.1503 of 2021, learned Advocate Mr. R.N. Jain for the applicant in Bail Application No.1609 of 2021 and learned APP Mr. V.M. Kagne for the respondent in both applications.

(3.) The learned Advocate appearing for applicants in Bail Application No.1503 of 2021 vehemently submitted that the investigation is almost complete and the physical custody of the applicants is no longer required. The case of the applicants is not covered under Sec. 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, as Sec. 22 of the N.D.P.S. Act provides punishment for the licence holders only. Further, by no stretch of imagination it could be said that the applicants have committed offence under Sec. 276 and 328 of the Indian Penal Code, as the basic ingredients of both the offences are absent. It is the prosecution story that the secret information was received and thereupon raid has been conducted, whereupon from 9 plastic small bags ganja weighing 26 grams worth Rs.900.00 was found which is of small quantity, in view of the Schedule to the Narcotic Drugs and Psychotropic Substances Act. Further, it has been stated that many small tablets were found, of which the description has been given. It is stated that those tablets are narcotic drugs described in Schedule H1 of the Act. The witnesses involved are the police officers, therefore, there is no question of tampering. The applicants are ready to abide by the terms of the bail.