AJMALBHAI DARGABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Application is filed by the Applicant - Accused under Section 439 of the Code of Criminal Procedure for grant of Regular Bail in connection with II CR No. 85/2019 registered with Tharad Police Station for the offences punishable under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short ' NDPS Act ')

(2.) Heard learned Advocate Mr. S.L.Vaishya for the Applicant and learned PP Mr. Mitesh Amin for the Respondent State through Video Conference. Submission of the Parties:

(3.) Learned Advocate for the Applicant / Accused has submitted that the Applicant Accused is innocent as he has not taken part in the offence as alleged. He has family roots in the society and therefore, he is not likely to flee away from justice. That the charge sheet is filed. It is further submitted that the alleged contraband is not recovered from his possession. At the time of raid the applicant accused was not present. That the field from where the poppy straw is recovered does not belong to him. That there is a breach of mandatory provision of the NDPS Act . That the applicant is residing with his family and will have to suffer a lot if the bail is not granted. That he will abide by whatever conditions imposed by the Hon'ble Court. He has therefore prayed to grant bail to the Applicant Accused.