21-ABA-404-2026 (CR)(1).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 404 OF 2026 Kiran Ramchandra Powar … Applicant Versus. The State of Maharashtra and Anr. … Respondents ------- Ms. Sakshi Jankar i/b. Mr. Tanishq Jadhav for the Applicant. Ms. S.N. Deshmukh, A.P.P. for the Respondents-State. ------- Coram : ASHWIN D. BHOBE, J. Date : 17th August 2026. PER COURT : 1. Heard Ms. Sakshi Jankar, learned Advocate for the Applicant and Ms. S.N. Deshmukh, learned A.P.P. for the Respondents-State. 2. By the present Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-arrest bail, apprehending arrest in Crime No. 0285 of 2026, dated 28/05/2026, registered with Karveer Police Station, District Kolhapur, for offences punishable under Sections 8(c) and 20(b)(iii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). osk 1 of 5 21-ABA-404-2026 (CR)(1).docx 3. Ms. Sakshi Jankar, learned Advocate for the Applicant, states that there are two accused in Crime No. 0285 of 2026, the Applicant being accused No.2. 4. The prosecution case is that upon receipt of secret information that a person was visiting Jarag Nagar, Kolhapur, on a Splendor motorcycle bearing No. MH-09/GS-3958 to sell ‘Ganja’, a raiding party was formed. Amir Hamja Shakil Nadaf (Accused No.1) was apprehended and 2.36 kg of Ganja was found in his possession. 5. Ms. Sakshi Jankar, learned Advocate for the Applicant, submits that the seized substance is a greenish leafy material, flowers and seeds. She submits that it would not fall within the definition of “Ganja” under Section 2 (iii) (b) of the NDPS Act, 1985. She submits that the Applicant has been arraigned as an accused in Crime No. 0285 of 2026, based on a statement made by the co- accused while in custody. She submits that the Applicant has no criminal antecedents. 6. Ms. Deshmukh, learned A.P.P. for the Respondent-State submits that there are call records indicating the Applicant having a conversation with the accused No.1 in Crime No. 0285 of 2026. 7. Perused the records. osk 2 of 5 21-ABA-404-2026 (CR)(1).docx 8. The contraband alleged to have been seized is of an intermediate quantity. Thus, the rigours of Section 37 of the NDPS Act, 1985 would not apply. 9. Section 2(iii)(b) & (c) of the NDPS Act, 1985, defines Ganja as the flowering of fruit tops of the cannabis plant, (excluding the seeds and leaves when not accompanied by the tops). 10. In the case at hand, the Pachamama shows that the seized substance was a greenish leafy substance, flowers and seeds. Thus, prima facie, it is difficult to accept that the alleged prohibited substance is within the definition of ‘Ganja’ under the NDPS Act. 11. This Court, in Kunal Dattu Kade Vs. Union of India1, on the identical facts, has granted pre-arrest bail. 12. The Applicant has no criminal antecedents. In view of the above, the custodial interrogation of the Applicant in Crime No. 0285 of 2026 is not necessary. 13. In view of the above, this Application is allowed on following terms :- (a) In the event of the arrest of the Applicant in the Crime No. 0285 of 2026, dated 28/05/2026, registered with Karveer Police Station, District Kolhapur, for the offences punishable under 1 2020 OnLine Bombay 1770 osk 3 of 5 21-ABA-404-2026 (CR)(1).docx Sections 8(c), 20(b) (iii) of The Narcotic Drugs and Psychotropic Substances Act, 1985, the Applicant shall be released on bail upon furnishing a PR bond of Rs. 50,000/- (Rupees Fifty Thousand only), with one or two local sureties in the like amount to the satisfaction of the Investigation Officer, Karveer Police Station, District Kolhapur. (b) The Applicant shall report to the Investigating Officer at Karveer Police Station, District Kolhapur, on 20/08/2026, 21/08/2026, 24/08/2026 and 25/08/2026, from 10:00 am to 12:00 noon, and thereafter as and when required by the Investigating Officer. (c) The Applicant shall cooperate with the Investigating Officer in the investigation of Crime No. 0285 of 2026. (d) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person/s acquainted with the facts of the case to dissuade such person/s from disclosing the facts to the Court or any police officer. (e) The Applicant shall not tamper with evidence in any manner. (f) The Applicant shall provide the Investigation Officer with his residential address along with proof, his contact numbers and must inform the Investigating Officer of any changes to this information from time to time. (g) The Applicant shall not indulge in similar types of activities. osk 4 of 5 21-ABA-404-2026 (CR)(1).docx 14. The observations made in the present order are meant for the purpose of deciding the Bail Application and would not have any impact or effect on the trial. 15. The Anticipatory Bail Application No. 404 of 2026 is disposed off. [ ASHWIN D. BHOBE, J. ] osk 5 of 5 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.08.18 20:46:14 +0530