NIYAZKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I- 11192050210302 of 2021 registered with Sanand Police Station, District: Ahmedabad (Rural) for the offences under Ss. 8(C) , 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985.

(2.) Mr. Imran Pathan, learned advocate for the applicant submits that the applicant is not named in the FIR. The raid is carried-out on the basis of secrete information, wherein 114 kg. Ganja was seized and five persons were arrested from the scene of offence. It is submitted that on the basis of statement of the co-accused no.1, the present applicant is implicated and arrested by way of transfer warrant. It is further submitted that the only allegation against the accused is purchasing of 20 KG ganja from the accused no.1. However, no recovery of discovery has been made from the present applicant - accused. As such there is no basis for involvement of the present applicant - accused and he is wrongly involved in the present case. Hence, it is submitted that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) Mr. Kodekar, learned APP appearing on behalf of the respondent-State oppose the grant of regular bail and submitted that the present applicant is involved in the purchasing 20 Kgs Ganja from the accused no.1. There are few antecedents against the present applicant including one PASA case. He therefore, submitted that looking to the nature and gravity of the offence, discretion may not be exercised in favour of the applicant - accused.