TITU HARIHAR POLAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Popat appearing with Mr.Mehta and Mr.Tolia, learned advocates for the applicant and Ms.Mehta, learned APP for the respondent-State through video conferencing. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.II-364 of 2019 registered with Kamrej Police Station, District:Surat for the offences under Sections 8 (C), 20 (C) and 29 of the NDPS Act.

(3.) As per the case of the prosecution, on 7.11.2019, on the basis of secret information, the complainant and his team raided a farm situated near Krishna Hotel, Kadodara. On entering the aforesaid premises, complainant saw four rooms and a truck bearing registration No.GJ-20 U-4050 being parked in the farm. On entering the room, the complainant found accused nos.1, 2, 3, 4 and 5 present in the room. After completing the formalities, as per NDPS Rules, they entered the room and found 25 stitched bags of Ganja in the room. Thereafter, the aforesaid truck and a bike parked there, were searched and 6 bags of Ganja were found from the truck which is of the ownership of accused no.5. After completing the procedure as per NDPS Act, said mudamal was weighed and it was found that total weight of 25 stitched bags of Ganja found from the room is 797.818 kg. And total weight of 6 bags of Ganja found from the truck is 169.820 kg. Accused no.1 informed the complainant that before 10 days, 400 kg. Ganja was delivered to him by accused no.5 and before five days 400 kg. of Ganja was delivered to him by accused no.6. It was also informed that the accused no.1 in collaboration with accused nos.2, 3 and 4 used to store Ganja in the farm and used to sell it in local market. Accused no.5 also informed the complainant that he purchased said muddamal from accused no.7 and brought it to the aforesaid place in his truck. The accused persons were involved in illegal buying, selling and storage of mudamal weighed 937.638 kg. worth Rs.96,76,380/-. With these allegations, the complaint came to be filed against the accused persons.