SALAM ABDUL LATIF ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned counsel for the applicant and learned A.P.P. for the State.

(2.) THE applicant is seeking bail in connection with CR.No.II-3/2007 registered with Mahatma Phule Police Station, Kalyan for the offences punishable under sections 21, 22 and 29 of the N.D.P.S. Act.

(3.) IT was urged before the Session Court that applicant with one more accused were found in possession of Charas. The Sessions Court fell that the quantity of Charas not being a commercial quantity, there could be no hurdle in releasing the applicant on bail, but looking to the absence of permanent place of residence of the applicant, Sessions Court found it difficult to grant bail since it felt it may not be possible to track the applicant and keep watch on him so as to seek his presence during trial. The police investigation shows that the present applicant works on power looms at Bhiwandi and earns his livelihood. He comes to Bhiwandi, works for few months and goes to his native place for some months to meet his family. However, one thing needs to be noticed that his family is not staying in Bhiwandi. He is the only bread earner for the family. Keeping him jail will cause not only punishment to him but to his family also for want of bread earner.