SHANABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with the FIR being II CR No.44 of 2019 registered with Kawant Police Station, District Chhotaudepur for the offence punishable under Sections 8(B) and 20(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Heard Mr.Jaydeep H. Sindhi, learned advocate for the applicant and Ms. Nisha Thakor, learned Additional Public Prosecutor for the respondent State, through video conference.

(3.) Mr.Sindhi, learned advocate for the applicant submitted that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the present applicant is a senior citizen aged about 72 years and is slightly retarded. It is submitted that the quantity which was recovered from the applicant, was hardly 00.422 kgs. of cannabis and that the applicant is nowhere involved or remotely connected with the commercial activity of selling of the said contraband article. It is submitted that in fact, the farm of the applicant is situated near water body and weeds (unwanted plants) are grown. It is submitted that the investigation is over and the charge-sheet is filed. Further, the remand period is over as well as custodial interrogation pertaining to the present applicant is also over and that there is no requirement of the presence of the applicant by the prosecution. It is submitted that there are no criminal antecedents against the applicant. The present being the sessions triable case, the trial is not likely to commence soon and it will take some time. It is submitted that the punishment which would be imposed, would be 10 years or more. Under the circumstances, it is prayed that considering the nature of offence, the applicant be enlarged on regular bail by imposing suitable conditions.