{1} BA 1099 OF 2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1099 OF 2026 Nitin Limbaji Kande ….Applicant Versus The State of Maharashtra and Another …..Respondents ….. Advocate for Applicant : Mr. Sudarshan J. Salunke APP for Respondents : Mrs. Ashlesha S. Deshmukh ….. CORAM : ABHAY S. WAGHWASE, J. Reserved on : 09.07.2026 Pronounced on : 10.07.2026 ORDER : 1. Applicant seeks grant of regular bail on account of his arrest in Crime No.67 of 2026 registered at Bardapur Police Station, District Beed, for offences punishable under Sections 8(c), 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act]. 2. Pointing to the date of arrest as 04.03.2026, it is pointed out that there is false implication as, according to learned counsel, the contraband ganja was seized from a room which is not owned by the applicant, but it is owned by his neighbour. That, in fact, applicant is resident of Pune. He further submitted that, even there are lapses while carrying out inventory and weight, as there is no segregation 2026:BHC-AUG:27321 {2} BA 1099 OF 2026 and along with leaves, flowers are weighed. Therefore, the contraband ganja does not fall in the definition as provided in Section 2(iii)(b) of the NDPS Act. That, now investigation is over and Chargesheet is already filed in May 2026. There are no criminal antecedents and as applicant is ready to abide any condition imposed by this Court, learned counsel urges for bail. 3. Learned APP opposed on the ground that huge quantity has been seized and moreover, CA report is positive. 4. After considering above submissions and taking into account the papers, it emerges that, acting on secret information, police of Ambajogai S.D.P.O. office paid visit to the field of Bhaskar Rokdiba Phad and according to informant-a police official, seeing police arrive one per was seen fleeing. When visit was paid to a room in the field, present applicant was found inside it. Statement is made across the bar that, applicant is not the owner of field or the room in which contraband was found. Learned APP did not refute or deny such assertion. Further, inventory drawn by the learned Magistrate, of which copy is placed with chargesheet, shows that along with the weight ganja, green leaves were found in two gunny bags. Therefore {3} BA 1099 OF 2026 there being no segregation, question of provisions of NDPS Act arises. Now chargesheet is filed. No purpose would be served by further detention, as charge is not framed and there is uncertainty over commencement of trial. There are no criminal antecedent. Taking above circumstances into account, relief as prayed deserves to be granted. Hence, I proceed to pass the following order: ORDER I. The application is allowed. II. Applicant - Nitin Limbaji Kande be released on bail in connection with Crime No.67 of 2026 registered at Bardapur Police Station, District Beed, on executing Personal Bond of Rs.15,000/- with one surety in the like amount, on the following conditions: [a] The applicant shall not tamper prosecution evidence. [b] The applicant shall not leave the area of jurisdiction of the concerned police station till conclusion of trial. [d] The applicant shall regularly attend each and every effective date before the trial court. [ABHAY S. WAGHWASE, J.] vre