AMARJITSINGH PYARASINGH BASARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant - accused has preferred the present application under Section 439 of Cr. P.C., seeking his release on bail in respect of the FIR bearing Prohibition C. R. No.II ?272 of 2019 registered at Anjar Police Station, Kutch West ?Bhuj for the offences punishable under Sections 8(C) , 21(B) , and 22(B) of Narcotic Drugs and Psychotropic Substance Act.

(2.) As per the case of the prosecution, on the secret information having been received by the Police Sub ?Inspector, Mr.G.M.Hadiya, Border Range, Kutch Bhuj, a trap was laid on 19.10.2019 by the said Inspector along with the raiding party including the panch witnesses at a "Punjabi Dhabha" situated at Anjar ?Mundra National Highway, where the present applicant was found to be in possession of brown heroin weighing 26.270 kgs, worth about Rs.10,54,600/ ?, which was a contraband substance. The raiding party, after following the due procedure and in compliance with the mandatory provisions, seized the said substance and arrested the applicant - accused. The complaint in respect of the same was filed on 19.10.2019, which was registered at Anjar Police Station, Kutch West ?Bhuj, as stated herein above.

(3.) Learned Advocate Mr.Ankit Shah for the applicant submitted that now as the charge ?sheet is filed against the applicant, there is no possibility of tampering with any evidence and that the applicant is ready to abide by any conditions that may be imposed by the Court. He also submitted that the applicant is the only earning member in the family and considering the quantity of the contraband substance, which was allegedly found to be in possession of the applicant, which was higher than the small quantity, but less than the commercial quantity, the applicant be granted bail. Lastly, he submitted that the applicant has been falsely implicated in the case as he belongs to Punjab.