JANAKBHAI POPATBHAI VIRADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Prajapati, learned advocate for Mr.Daiya, learned advocate for the applicant and Ms.Mehta, learned Additional Public Prosecutor for the respondent - State through Video Conferencing.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.II - 620 of 2019 registered with Sarthana Police Station, District: Surat for the offences punishable under Sections 8(C), 20(B) and 29 etc. of the Narcotic Drugs and Psychotropic Substances, Act.

(3.) Learned advocate appearing for the applicant submits that the seizure of the narcotic substance is joint seizure and there is no commercial quanitity. He submits that the present applicant has no criminal antecedent. He submits that the applicant was only travelling in the vehicle with his friend and having no knowledge regarding the alleged narcotic substance. While referring to the FIR and the materials on record, he submits that the quantity of narcotic substance is not verified and it cannot be presumed that the quantity was of commercial in nature. He also submits that there is no report submitted by the prosecution for involvement of the applicant in the alleged crime. He further submits that the accused is in jail since 01.08.2019 and the accused is aged about 53 years. He further submits that the charge-sheet has already been filed.