2-REVN-90-2025 (CR).doc N.S.Kamble IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 90 OF 2025 Yashwant Charudatta Sonwane ...Applicant VERSUS The State Of Maharashtra Through Warje Malwadi Pstn ...Respondent _________________________________________________________________ Mr.Mandar Limaye a/w Mr.Vedant Bende i/b Mr.Aakash Kashale, for the Applicant. Mr.B.B. Kulkarni, APP for Respondent-State. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 23rd SEPTEMBER 2026 P.C. : . Heard learned counsel for the Applicant and learned APP. 2. The challenge in this Application is to the impugned order whereby Discharge Application of the Applicant came to be rejected. 3. It is prosecution case that on 13th January 2021 at around 10.15 p.m., police apprehended the Applicant and co-accused while standing on public road. It is alleged that the police has recovered contraband of 380 milligrams (mg) of LSD from co-accused. 4. It is contention of the learned counsel for the Applicant that the Applicant is a student and has no concern with the present crime. He has no antecedents. Applicant was merely standing with his friends and NILAM SANTOSH KAMBLE Digitally signed by NILAM SANTOSH KAMBLE Date: 2026.09.24 19:15:15 +0530 2-REVN-90-2025 (CR).doc N.S.Kamble nothing has been found in his possession. The contraband was recovered from the possession of the co-accused-Mukesh Chaudhary and on the basis of his statement, the other co-accused-Harsh Meshram, who had supplied the alleged contraband, was arrested and from his possession police recovered another 250 mg of LSD. Though police has charged the Applicant in conspiracy, but no evidence is produced on record to prove that the Applicant had conspired in the said crime. No material is produced on record to prove the charges against the Applicant. However, this fact is not considered by the learned Additional Sessions Judge and passed erroneous order and hence, requested to allow the Application. 5. It is contention of the learned APP that the police apprehended the Applicant and co-accused at around 10.15 p.m. at Karve Nagar, Pune. In the search of the co-accused, Police found contraband of 380 mg of LSD, as the Applicant was standing with the co-accused. They were in conspiracy the said contraband was brought there for sale. There is prima facie case against the Applicant. To prove the conspiracy, evidence is required. The learned Additional Sessions Judge has passed well reasoned order, no interference is required in it and requested to reject the Application. 6. I have heard both learned counsel. Perused impugned order and documents produced on record. 2-REVN-90-2025 (CR).doc N.S.Kamble 7. The allegation against the Applicant is that he was standing with the co-accused in whose possession the alleged contraband was recovered. It appears from the record that on the basis of the statement of co-accused-Mukesh, from whose possession alleged contraband is recovered, the other co-accused-Harsh, who had supplied the alleged contraband, has been arrested and police recovered contraband of another 250 mg of LSD from his possession. Now the question remains is whether the Applicant had conspired in the alleged offence. In my view, mere presence or standing with the co-accused, by itself, cannot be construed as sufficient evidence of conspiracy. The Applicant is student and has no antecedents. There is no sufficient material produced on record against the Applicant to prove the allegations of conspiracy. Hence, continuing trial against the Applicant would amount to abuse of process of law. 8. In view of above, I pass following order. ORDER (i) The Revision Application is allowed. (ii) The impugned order passed by the learned Additional Sessions Judge, Pune dated 12th June 2024 in Special Case No.245 of 2021 is quashed and set aside. (iii) The Applicant is discharged in Special Case No.245 of 2021 from the offences punishable under Sections 8(c), 22, 2-REVN-90-2025 (CR).doc N.S.Kamble and 29 of the the Narcotic Drugs and Psychotropic Substances Act, 1985. (iv) All pending Applications are disposed of. (SHIVKUMAR DIGE, J.)