LAWS(GJH)-2021-2-125

ANIL KALURAM PRAJAPATI Vs. STATE OF GUJARAT

Decided On February 09, 2021
Anil Kaluram Prajapati Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This application is filed by the applicant - accused under section 439 of the Code of Criminal Procedure, 1973 ('the Code' for short) for enlarging him on regular bail in connection with FIR being Part-B C.R. No. 11210056201989 of 2020, registered with Dindoli Police Station, District Surat City for the offence punishable under Sections 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'NDPS Act').

(2.) Heard, learned advocate Mr. Salim M. Saiyed for the applicant and learned APP Ms. Maithili Mehta for the respondent - State through video conference.

(3.) The learned advocate for the applicant has submitted that the applicant is an innocent person and falsely implicated in the crime in question. It is submitted that the applicant is arraigned only on the basis of the statement of the co-accused and as such, the applicant has no past antecedents. He submitted that the contraband goods was seized from the possession of the co-accused and not from the present applicant. Further, it is submitted that it is a case of intermediate quantity and it does not fall within the commercial quantity. It is submitted that there is no direct involvement of the applicant - accused in the present case so far as allegation is concerned.