(1.) The present application is filed under the provisions of Sec. 439 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C .) seeking regular bail for the offence punishable under Ss. 8(c) , 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short "the NDPS Act ") registered with Gandhinagar Sector-7 Police Station, District Gandhinagar being C.R. No.11216008200561 of 2020.
(2.) The case of the prosecution briefly stated is that the accused no.1- Rushik Piyushkumar Dave was found in possession of 151 units of M.D.M.A (Methylenedioxy Methamphetamine) drug tablets, during a raid conducted by the police officials, based on a tip off and, as per the information received, when the officials reached the spot on the service road between G-0 and GH-0, accused no.1 was found sitting in a Nissan Sunny car and on search being carried out, the MDMA tablets were recovered from him. Accused no.1 on being further interrogated, disclosed the name of the accused no.2 i.e. the present applicant as the person, who supplied him the said drug tablets about a week prior to the raid. Pursuant to his arrest in connection with the aforesaid offence, the applicant had preferred regular bail application, after filing of charge- sheet before this Court being Criminal Misc. Application No.17129 of 2021, which came to be disposed of as withdrawn vide order dtd. 21/1/2022.
(3.) Thereafter, the applicant had preferred successive bail application being Criminal Misc. Application No.1272 of 2022 before 3rd Additional Sessions Judge, Gandhinagar, which came be rejected at Exh.5, vide order dtd. 23/9/2022.