Order 230926ba1128.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 1128 OF 2026. Aslan @ Babu Iqbal Khan -VERSUS- State of Maharashtra Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri N.R. Tekade, Advocate for the Applicant. Shri H.R. Dhumale, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 23, 2026. Heard. 2. The applicant came to be arrested in connection with Crime No.360/2026 registered with Gondia City Police Station, District Gondia, for the offences punishable under Sections 22[B] and 8[c] of the Narcotic Drugs and Substances Act, 1985. 3. The first information report came to be lodged Kawalpalsingh Bhatia, Police Official attached to Police Station Gondia, alleging that on 02.05.2026 while patrolling, an information was received that the applicant is selling the Rgd. 2026:BHC-NAG:12677 Order 230926ba1128.26 2 contraband M.D. Drug. Accordingly raid was conducted in which the contraband article MD Drug was found. Necessary formalities were completed and on the basis of which the report came to be lodged. 4. The learned Counsel for the applicant raises only a ground that the seized quantity is an intermediate quantity, which was found in the house of the applicant in his presence, and therefore, he be granted bail. Needless to mention that other ground has been raised by the applicant. 5. On the other hand the learned A.P.P. have vehemently opposed the application by contending that merely the M.D. drug found in the house of the applicant is an intermediate quantity, that by itself is not sufficient to grant him bail. The offence is serious and he prayed for rejection of the application. 6. After considering the submissions canvassed by both the parties, and after going through the entire record it appears to me that when the raid was conducted at the house of the applicant, the applicant was present in the house, and from his bedroom the contraband M.D. Drug was seized. Merely the Rgd. Order 230926ba1128.26 3 quantity is an intermediate quantity, that by itself is not sufficient to grant regular bail to the applicant. It is necessary to keep in mind that the punishment provided for contravention involving quantity lesser than commercial quantity, but, greater than small quantity, is rigorous imprisonment which may extend to ten years, with fine which may extend to one lakh rupees. In such circumstances, I am not inclined to grant bail to the applicant. Criminal Application is therefore, rejected. JUDGE. Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 24/09/2026 16:38:41