MOHAMMADNOMAAN MOHAMMADIBRAHIM SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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 Prohibition C.R.No.5064 of 2019 registered with DCB Police Station, Ahmedabad for the offences under Sections 8(c), 20(B) and 29 etc. of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) Mr. Salim Saiyed, learned advocate appearing for the applicant, submits that investigation is over and charge sheet is filed. It is his further submission that the applicant is in jail since 07.08.2019. It is his further submission that it was the accused No. 1 Abdul Imran Abdul Vahab Shaikh was doing the illegal business of selling drugs. He further submits that it is evidently clear from the prosecution case as is emerging from the charge sheet that it was the said co-accsued, who was bringing the drug from Surat to Ahmedabad for the purpose of selling. It is his further submission that the applicant is happened to be friend of the co-accused and he had gone with him as driver along with car. He further submits that there is not criminal antecedents of any anture and therefore, considering the nature of the offence, the applicant may be enlarged on appropriate terms and conditions.