PARTH JAYANTIBHAI TEJANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Hardik A. Dave for the applicant and learned APP Ms. Shruti Pathak for the respondent-State.

(2.) This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for being released on regular bail in connection with F.I.R. registered as C.R. No.11210021200948 of 2020 with Katargam Police Station, Surat, for the offences punishable under Sections 8(c), 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) Learned Advocate Shri Hardik Dave for the applicant submits that reading of the complaint as well as other documents attached by him clearly show that the applicant herein had gone to the shop to purchase the contraband material and whereas during the raid the contraband material which had been recovered was recovered from the co-accused namely Mr. Jigar Mansukhbhai Dholakiya. He draws attention of this Court to the affidavit filed by the Investigating Officer, wherein also it is clearly mentioned that the present applicant had gone to the shop concerned for the purpose of purchasing the contraband material. He also draws attention of this Court to the Panchnama at the time of raid wherein in addition to the facts stated above that the contraband material had been recovered from the co-accused Mr. Jigar Mansukhbhai Dholakiya is coming out, the main accused also stated that the present applicant had gone there to purchase the contraband material. On the basis of the above submissions, learned Advocate Mr. Hardik Dave submits that since no recovery had been made from the present applicant and since it is clearly coming out that the applicant was intended purchaser and now the charge-sheet has already been filed by the Investigating Officer, no purpose would be served in keeping the present applicant in custody any further. Thus submitting he requests this Court to release the present applicant on regular bail.