YUNUSBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application, under Section 439 of the Code of Criminal Procedure, 1973, for regular bail, after submission of the charge-sheet, is filed by the present applicant - original accused, who is facing charge for an offence under Sections 8(c) and 20(b) of Narcotic Drugs and Psychotropic Substances Act , 1995 (hereinafter referred to as ' NDPS Act ').

(2.) As per the prosecution case, pursuant to the information that one lady, named Saina @ Kali Chhipa, with description of the colour of clothes worn by her, is coming from Udaipur, Rajasthan in Shrinath Travels, bearing No. RJ-27-PC- 1555 and is to go to Junagadh via Ahmedabad, possessing some narcotic drugs charas carried it in the backpack. After following all the formalities and procedure under the NDPS Act , the Police authority kept a watch and carried surveillance at Indira Bridge over the vehicle in which the suspect was to come. On noticing the luxury bus coming from Gandhinagar side, it was stopped and from the conductor of the bus it was confirmed that one lady of the description as also of the clothes is occupying seat No.S/D, which is single sleeper seat. After reaching her, it was found that she was having one backpack below her head and on inquiry she revealed her name to be Saina wife of Sayan Sharif Mohammed Chhipa. On further inquiry, she revealed that she is also known by her other name Kali. Thereafter, she was informed about the information and made to know about her rights under the NDPS Act for the purpose of search and seizure. Thereafter, her backpack was opened and from it one navyblue coloured cloth bag was found. The top of it was tied with red coloured string. After opening it, 13 packets tied with brown as also white cellotapes were found. On opening the packets, charas could be found, and therefore, she was asked about any pass or permit for possessing the same. To have the primary opinion from the FSL Officer, he was contacted over phone and called at the place as also electronic weighing scale alongwith the person to weigh it was called through the Head Constable of the raiding party. On arrival of the FSL Officer, he conducted the primary examination thereof of each packets and confirmed that the packets contains charas. However, he instructed the Police Officer to draw two samples of 50 gms of charas from each packet and sent it to FSL, Gandhinagar for further detailed examination thereof. Thereafter, all the 13 packets were weighed on arrival of person with electronic weighing scale and total contraband was found to be weighing 12.684 kilograms. During the course of investigation, it was revealed by the said accused that the mudammal contraband was to be delivered to the present applicant - Yunushbhai @ Munna son of Sattarbhai Ganjipara at Junagadh. It was further revealed that the said contraband was procured from Mohammad Ashraf Gulamrasul from Jammu and Kashmir and it was to be delivered to the present applicant. It is further the case of prosecution, as revealed, applicant was known to Saina as she had 1 1/2 month prior thereto, delivered charas to him. Pursuant to the said information, the applicant came to be arrested on 23.12.2018 and since then the applicant is in custody.

(3.) Shri Satish Pandya, learned advocate for Shri R.M Agarwal, learned advocate for the applicant, submitted that there is no material available in the papers of charge-sheet, which would implicate the applicant into the crime. He has submitted that the applicant is arrested in connection with this offence based on the statement of co-accused only. He has further submitted that the day on which he was arrested there was no material on record of the case to effect arrest of the applicant. He has further submitted that since charge-sheet is already filed and trial has already commenced, the applicant is not able to tamper with the evidence, and therefore, he is required to be released on bail.