1 21 BA 950.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 950/2026 (Firoz Sayyad Anwar Sayyad Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N. S. More, Advocate for applicant. Ms. T. H. Udeshi, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 23/09/2026. Heard. 2. By this application, the applicant is seeking bail in connection with Crime No.451/2025 registered with Police Station Chandur Railway for the offences punishable under Sections 8(c), 20(b)(ii)(c), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. (“NDPS Act”). 3. The brief facts of the prosecution case are that, on 22/08/2025, Chandur Railway police station received secret information that two persons would be transporting contraband Ganja in a four wheeler vehicle via Nandgaon Khandeshwar road. Accordingly, necessary permission was obtained from the superior officer to take appropriate action. Panch witnesses were called along with a 2 21 BA 950.26 photographer and a person to weigh the seized contraband. A Trap was laid, a Gazetted officer was also called to the spot. At the relevant time, the applicant and co-accused namely Yash Bhaskarrao Lahe were found transporting Ganja weighing 111.180 kilogram in 3 gunny bags in a Mahendra Bolero vehicle bearing registration No.OR-10-H-6256. Accordingly, in presence of panch witnesses and a gazetted officer, the vehicle was searched and contraband was seized. The applicant and co-accused were thereafter arrested. Based on this, the first information report was registered. 4. The learned counsel for the applicant submits the applicant is innocent and has no concern with the seized Ganja. He submits that the applicant was merely traveling along with the driver and was not aware that the Ganja was being transported in the Bolero vehicle. He further submits that considering the allegations and period of incarceration, the applicant deserves to be granted bail as he has been in custody since 22/08/2025. 3 21 BA 950.26 5. On the other hand, the learned APP vehemently opposes the application and submits that rigours of section 37 of the NDPS Act would be applicable since huge quantity of Ganja i.e. 111.180 kg has been seized from the Mahendra Bolero vehicle, wherein the applicant and other person were present in the said vehicle. They have been caught red handed as they were in conscious possession of the Ganja. Under such circumstances, she submits that the Trial Court has already framed the charge and at the most the Trial Court can be directed to expedite the trial. Hence, she submits that no case is made out to grant bail. 6. I have considered the submissions. I have gone through the first information report and the material placed before me. It appears that in the Mahendra Bolero Vehicle around 111 kg of Ganja was found. It further appears that the applicant and other co-accused were present in the said vehicle. Under such circumstances, it is very difficult to say that the applicant was not having knowledge about the said Ganja. Therefore, rigours of Section 37 of the NDPS Act would be applicable. After considering the entire material and the fact that the applicant has been caught red handed in Mahendra Bolero 4 21 BA 950.26 vehicle wherein Ganja was found, therefore it appears that prima facie the applicant is involved in the crime and the finding cannot be recorded at this stage that the applicant is not guilty of the crime. Hence, considering the rigours of Section 37 of the NDPS Act, I am of the considered opinion that no case is made out to grant bail, hence the application is rejected. 7. Pending application(s), if any, stand disposed of accordingly. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 23/09/2026 18:23:24