PATEL JIMITKUMAR BIPINBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Jit Patel for the applicant, learned advocate Mr.Kartik Pandya for the respondent no.2 - original complainant and learned Additional Public Prosecutor Ms. Chetna M. Shah for the respondent-State through video conference.

(2.) This application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for releasing the applicant on regular bail in connection with the F.I.R. registered as NCB/AZU/CR-4/2020 registered with NCB, Ahmedabad Zone, for offences punishable under Sections 8(c), 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act").

(3.) Learned advocate Mr. Patel for the applicant states that there is no contravention of the provisions of the NDPS Act, as the quantity of the contraband seized was not falling in the definition of commercial quantity so also the applicant is doing business of medicine on license being issued by appropriate authority and the said contraband being used for medicinal and therapeutic use there being contravention as stated in Sections 8 and 21 of the NDPS Act.