ARUNABEN JAINESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No.11199010200107 of 2020 with Bharuch City A Division Police Station, District Bharuch, for the offences punishable under Sections 8(C), 20(b)(ii) (C) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) The facts of the case are that on 14.2.2020, one K. M. Chaudhary, Police Sub-Inspector, S.O.G., Bharuch lodged the FIR in question against the present applicant for the offences mentioned above stating therein that from the kitchen of the house in question, the contraband in small 11 packets, weighing in all 26 Kgs. 309 Grams worth Rs.1,58,554/- was found. On completion of the investigation, charge-sheet came to be filed against the present lady accused. Thereafter, the applicant preferred Criminal Misc. Application No.531 of 2020 which came to be rejected by learned 5th Additional Sessions Judge, Bharuch vide order dated 11.9.2020. Hence the present application.

(3.) Mr. Saiyed, learned advocate for the applicant submits that applicant is wife of Jainesh Patel who are residing in the house along with other members. Since the contraband was found from the applicant, she has been falsely implicated in the offence and no other persons have been arraigned as accused. He would further submit that there are on criminal antecedents against the present applicant. Hence, considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.