Bombay High Court

RAVINDRA GANESH PAWARAversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court held that, in the absence of prima facie evidence connecting the applicant to the crime, anticipatory bail must be granted.

Summary

The applicant sought anticipatory bail in connection with a narcotics case (Crime No. 115 of 2025) involving the seizure of 605 kg of ganja. The FIR, based on secret information, alleged that the applicant was present at the premises and fled, implying his involvement. The applicant contended he had no ownership or connection to the premises and presented no evidence linking him to the seizure. The prosecution relied on the secret information, panchnama, and police statements but failed to produce material establishing the applicant's link to the property. The court, after a prima facie review, found no evidence connecting the applicant to the offence and noted his clean criminal record, thereby granting anticipatory bail with standard conditions. The order directs the applicant to appear before the investigating officer and imposes restrictions on contacting witnesses and tampering with evidence.

Issues considered

Whether the applicant is entitled to anticipatory bail under the NDPS Act.
Whether the prosecution has established prima facie evidence linking the applicant to the alleged narcotics offence.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act — s. 20(B)(II)(C), 22(C), 8(C)

Subjects

anticipatory bail
NDPS Act
narcotics seizure
lack of evidence
bail conditions
secret information

Judgment

2026:BHC-AUG:42795




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                       19 ANTICIPATORY BAIL APPLICATION NO. 1459 OF 2026

                                    RAVINDRA GANESH PAWARA
                                              VERSUS
                           THE STATE OF MAHARASHTRA AND ANOTHER
                                                 ...
           Mr. Chaitanya Chandrakant Deshpande, Advocate for Applicant
           Mr. A. R. Kale, APP for the Respondent/State

                                                     CORAM : R. M. JOSHI, J.
                                                     DATED    : 21st SEPTEMBER, 2026

           PER COURT :-

           1.    Applicant seeks pre-arrest bail in connection with Crime No. 115 of

           2025, registered with Shirpur Police Station, District Dhule, for the offences

           punishable under Sections 8(C), 20(B)(II)(C) and 22(C) of the Narcotic Drugs

           and Psychotropic Substances Act.


           2.    First Information Report indicates that, pursuant to secret information,

           a place was raided, wherein Ganja weighing 605 kg was seized. It is the case

           of the prosecution that one person was found at the said premises and he ran

           away from the spot. Since the secret information was in respect of the present

           Applicant, it is assumed that the Applicant was the person who ran away from

           the spot.


           3.    Learned Advocate for the Applicant, on instructions, makes a statement


           19 ABA 1459.2026.odt                                                    1 of 3
that the Applicant has no concern with the premises or the land in which the

said premises is situated. It is his submission that, in the absence of any

evidence to connect the Applicant with the said premises, no offence can be

said to have been committed by him.


4.    Learned APP opposed the grant of any protection to the Applicant by

referring to the secret information received, as also the panchnama indicating

recovery of 605 kg of Ganja from the premises which, according to the

prosecution, belongs to the present Applicant. He also drew attention of the

Court to the statements of police witnesses recorded during the course of

investigation.


5.    Prima facie perusal of the investigation papers does not indicate any

evidence to show that the premises from which the seizure was made

belonged to the Applicant. Though there is an allegation that the Applicant

was cultivating the land in which the said premises is situated, there is no

material to support the same. Having regard to these facts, this Court finds

that, prima facie, there is no evidence to connect the Applicant with the crime

in question. The Applicant has no criminal history. Hence, the order:-

                                    ORDER

             (i)    Application is allowed.
             (ii)   In the event of arrest of applicant in connection with


19 ABA 1459.2026.odt                                                     2 of 3
            Crime No. 115 of 2025, registered with Shirpur Police Station,
            District Dhule, for the offences punishable under Sections
            8(C), 20(B)(II)(C) & 22(C) of the Narcotic Drugs and
            Psychotropic Substances Act, he shall be released on bail on
            furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand
            only) with one solvent surety in the like amount.

            (iii)   He shall not contact the witnesses directly or indirectly.

            (iv)    He shall not interfere with the evidence in any manner
            whatsoever.

            (v)     He is further directed to cooperate the investigating
            agency for further investigation.

            (vi)    He is directed to appear before the Investigating Officer
            on 29.09.2026 and 01.10.2026 between 11.00 a.m. to 01.00
            p.m. as and when called by the Investigating Officer.


6.    Learned APP for the Respondent/State to communicate this order to
the concerned Police Station.

                                                        ( R. M. JOSHI, J.)

ssp




19 ABA 1459.2026.odt                                                         3 of 3

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