1 of 3 31-BA.586.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 31 BAIL APPLICATION NO. 586 OF 2026 KANAIYYALALA ALIAS KANHA JAGDISHCHANDRA JAT (CHOUDHARI) VERSUS THE STATE OF MAHARASHTRA ... Mr. Abhijit S. More, Advocate for Applicant. Mr. S. D. Ghayal, APP for Respondent-State. ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 22nd JUNE, 2026 P.C.:- 1. Heard learned Advocate Mr. Abhijit S. More for the Applicant and learned Additional Public Prosecutor Mr. S. D. Ghayal for the Respondent–State. 2. By the present application, the Applicant seeks his release on bail in connection with Crime No.344 of 2022 registered with Anandnagar Police Station, Dharashiv, for the offences punishable under Sections 20 and 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”). 3. As per the prosecution case, Ganja was found in a vehicle belonging to the present Applicant. It is alleged that when the said vehicle met with an accident, the Applicant fled from the spot. Consequently, the aforesaid crime came to be registered against him. 2026:BHC-AUG:24545 2 of 3 31-BA.586.2026 4. Mr. More, learned Advocate for the Applicant submits that the charge-sheet has now been filed. He further contends that there is non-compliance with the provisions of Sections 42, 50, 52A and 57 of the NDPS Act. 5. He further submits that the investigation is complete and the charge-sheet has been filed. The Applicant has been behind bars since 09.07.2025 and, therefore, his further detention is not warranted. 6. Per contra, Mr. S. D. Ghayal, learned APP strongly opposes the application. He submits that the Applicant is a habitual offender and that a similar offence had earlier been registered against him. He further submits that the quantity of Ganja recovered from the vehicle was above the commercial quantity and, therefore, the rigours of Section 37 of the NDPS Act would apply. He contends that all mandatory procedures prescribed under the NDPS Act have been duly complied with, including the requirements under Sections 52A and 57. He further points out that the charge-sheet has already been filed. 7. I have heard the learned Advocates for the respective parties and perused the record, including the charge-sheet. The material on record indicates that the vehicle belonging to the Applicant was found carrying Ganja and that the Applicant fled from the spot after the vehicle met with an accident. The record further indicates that the contraband was found in the conscious possession of the Applicant. 3 of 3 31-BA.586.2026 8. Prima facie, the record reveals compliance with the mandatory provisions of the NDPS Act. The inventory was also prepared and certified before the learned Magistrate. 9. Considering the nature of the allegations, the quantity involved and the material collected during the investigation, I am of the view that the Applicant has failed to make out a case for grant of bail. 10. Hence, the application stands dismissed. No order as to costs. (SIDDHESHWAR S. THOMBRE, J.) Tauseef