-1- 953-BA-1457-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1457 OF 2026 VASIM ALIAS SHARABI AKRAM BEG VERSUS THE STATE OF MAHARASHTRA ..... Advocate for Applicant : Mr. J. M. Murkute APP for Respondent - State : Mr. S. A. Gaikwad ..... CORAM : HITEN S. VENEGAVKAR, J. DATED : 9th SEPTEMBER 2026 PER COURT : 1. Heard the learned counsel for the applicant and the learned APP for respondent – State. 2. With the assistance of both the learned counsel, I have perused the entire charge-sheet. There is material available against the applicant, and therefore, it cannot be said that the applicant is falsely implicated in the present offence. Even the submission of the learned counsel that the investigating agency has not segregated the flowering tops from the leaves and seeds, and therefore, the total amount of ganja that is recovered cannot be said to be of commercial quantity, is also incorrect in terms of the definition prescribed under the Narcotic Drugs and Psychotropic Substances Act, (NDPS Act), which includes seeds when accompanied by a flowering top. 2026:BHC-AUG:41725 -2- 953-BA-1457-2026 3. When this Court showed its disinclination to allow the application, the learned counsel, on instructions, seeks withdrawal of the application with liberty to file the fresh application after completion of one year from today, in case substantial progress is not achieved in the commencement of the trial. 4. Permission is granted to withdraw the application. 5. In case there is no substantial progress in the trial after completion of one year from today, the applicant is at liberty to file a fresh application before the Trial Court and the same shall be considered on its own merits. 6. Application stands dismissed as withdrawn. (HITEN S. VENEGAVKAR) JUDGE Tandale