1 of 4 1037-BA.1515.2025-detail (modified).odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1037 BAIL APPLICATION NO. 1515 OF 2025 1. Gunjarya Mansaram Pawra, Age : 20 years, Occupation: Labour, R/o. Satipani-Jamjhari, Tal. Shirpur, Dist. Dhule. 2. Ganesh Virsingh Pawra, Age : 21 years, Occupation: Labour, R/o. Gandhaddeo, Tal. Shirpur, Dist. Dhule. 3. Shivdas Virsingh Pawra, Age : 35 years, Occupation: Labour, R/o. Gandhaddeo, Tal. Shirpur, Dist. Dhule. 4. Nandilal @ Nanlal Rohidas Pawra, Age : 19 years, Occupation: Labour, R/o. Ambafata, Tal. Shirpur, Dist. Dhule. … applicants Versus The State of Maharashtra, through Police Inspector, Shahada Police Station, Shahada, District Nandurbar. … Respondent ... Ms. Karishma Sanjay Sarin, Advocate for applicants. Mr. N. B. Patil, APP for Respondent-State. … CORAM : SANJAY A. DESHMUKH, J. DATE : 26th AUGUST, 2025 P.C.:- . Heard learned Advocate for the applicants and learned APP for the Respondent-State. 2025:BHC-AUG:27784 2 of 4 1037-BA.1515.2025-detail (modified).odt 2. Learned Advocate for the applicants seeks leave to withdraw the application for Applicant No.3. Leave granted. His application is disposed of as withdrawn for Applicant No.3. 3. This is an application, under Section 483 of Bharatiya Nyaya Sanhita, 2023 (BNS), for grant of regular bail in connection with crime No.381of 2025, registered with Shahada Police Station, Taluka Shahada and District Nandurbar, for the offences punishable under Sections 22, 20 and 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 4. Learned Advocate for the applicants pointed out from the report that the Ganja of 19.707 kg, 18.924 kg, 7.110 kg and 7.598 kg were seized at the instance of the applicants. Learned Advocate for the applicants also pointed out the definition of “Ganja” under Section 2(iii)(b) of the NDPS Act, 1985 reads as under :- “ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated”. 5. Learned Advocate for the applicants further submitted that there has been no proper segregation of the Ganja from other materials, as required under the definition of "Ganja" provided in the NDPS Act. It is further submitted that the investigation is complete and the trial is likely to take considerable time. The applicants have roots in the society and, except for Applicant No. 3 – Shivdas Virsingh Pawra, 3 of 4 1037-BA.1515.2025-detail (modified).odt against whom one NDPS case is registered, the others have no criminal antecedents. It is lastly prayed that the applicants be released on bail. 6. Learned APP strongly opposed the application and submitted that the applicants are booked for a serious crime. It is pointed out that an inventory was duly drawn during the course of investigation by the Investigating Officer. Applicant No. 3 has criminal antecedents and was earlier arrested in another crime. There is possibility of the committing of the similar crime if they are released on bail. It is further submitted that, in the event of their release, the applicants are likely to pressurize the prosecution witnesses and tamper with the evidence. It is, therefore, prayed to reject the application. 7. On perusal of the report and papers of investigation, it appears that the investigation is practically over, except receiving of the CA report. The applicants have no criminal antecedents. If they continue to involve in such nature of crime, an action for cancellation of bail may be taken against them. The applicants were arrested on 27th June 2025. The trial will take long time. The applicants have roots in the society and there is no likelihood of their absconding or fleeing from the trial. Hence, Applicant Nos. 1, 2, and 4 deserve to be released on bail subject to certain conditions, which are as follows:– O R D E R (i). Application is partly allowed. 4 of 4 1037-BA.1515.2025-detail (modified).odt (ii). The application of Applicant No.3 is disposed of as withdrawn. (ii). The Applicant Nos.1, 2 and 4 in connection with crime No.381 of 2025, registered with Shahada Police Station, Taluka Shahada and District Nandurbar, for the offences punishable under Sections 22, 20 and 8(c) of NDPS Act, be released on bail on furnishing two personal bonds of Rs.15,000/- each with two local surety of the like amount with following conditions:- (a). Applicant Nos.1, 2 and 4 shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner. (b). Applicant Nos.1, 2 and 4 shall not indulge in similar nature of crime in future and in case any such crime is registered against them, the concerned investigating officer is at liberty to proceed against Applicant Nos.1, 2 and 4. The trial court concern shall decide such application without reference to this Court. (SANJAY A. DESHMUKH, J.) Tauseef