KANARAM ARJUNRAM SUTHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Section 439 of of the Code of Criminal Procedure, 1973, the applicant- original accused has prayed for regular bail in connection with the complaint, being C.R. NoII-132 of 2019 lodged before Sama Police Station, Vadodara for the offences under Sections 8(C), 17, 18 and 29 of the Narcotics Drugs and Psychotropic Substance Act, 1985 (for short "the NDPS Act").

(2.) Earlier request for release on bail was not considered by this Court, vide order dated 30.6.2020, reflecting on page 48, however, it was clarified that if trial does not commence within a period of six months, it would be open for the applicant to apply for regular bail and in response thereto, present application is submitted.

(3.) Learned advocate Mr. Zubin Bharda appearing for the applicant has submitted that the applicant is arraigned in the offence punishable under the NDPS Act. He further submitted that the applicant is an innocent person and the alleged quantity which is found of opium is below the commercial quantity and at the best, can be said to be an intermediate quantity and weight of it was 1.499 grams and as such, considering the said quantity and the fact that maximum punishment is of 10 years, at the best, two years imprisonment has already been undergone by now and there is no likelihood of trial to be concluded in near future, the application deserves to be granted. Mr. Bharda further submitted that it is not the case of the prosecution that the applicant has never cooperated with the process of investigation or committed any act which may hamper the interest of prosecution and on account of this serious crisis of pandemic Covid-19, not only the trial has not begun but is not likely to be over within near future and as such, by imposing suitable conditions, the applicant may be enlarged on bail. It has further been submitted that in such kind of quantity, the Coordinate Benches of this Court have released the concerned accused persons on regular bail and an attention of this Court is invited to such orders of this Court, which are reflecting from page 32, 34, 37 and other orders and by referring to it, a request is made to grant regular bail to the applicant by imposing suitable conditions.