MOHANLAL NARAYANLAL PALIVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule for and on behalf of Respondent No.1-State and learned Advocate Mr. Kartik Pandya waives service of notice of Rule for Respondent no.2.

(2.) This application is filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered as C.R. No. NCB/AZU/CR-10 of 2021 with Narcotics Control Bureau, Ahmedabad Zonal Unit, Ahmedabad for the offences punishable under Ss. 8(c) , 22(c) . 27A, 28, 29, 35, 54(c) and 54(d) of the Narcotic Drugs Psychotropic Substances Act , 1985.

(3.) Learned advocate Mr. Mohamadzaid Saiyed for the applicant submits that the applicant is not named in the complaint and only on the basis of co-accused person, the applicant was falsely implicated in the alleged offence. He submits that the applicant has not found in conscious possession of the alleged contraband and on the contrary, the contraband was found in the conscious possession of the co-accused persons. He further submits that as the charge-sheet is filed and investigation is now concluded and therefore, there is no likelihood to tamper and hamper with the prosecution witnesses. He further submits that the applicant was nowhere found to be selling the illegal contraband Ganja and the contraband muddamal was neither found from the direction possession nor of the residential premises of the applicant. Mr. Saiyed to support his submissions heavily relied upon judgment of the Apex Court in the case Bharat Chaudhary Vs. Union of India in Special Leave to Appeal (Cri.) No.5703 of 2021, as well as judgment of this Court in the case of Yash Jayeshbhai Champaklal Shah Vs. State of Gujarat passed in Criminal Misc. Application No.1234 of 2022. He therefore submits that considering the present application, the applicant may be enlarged on regular bail by imposing suitable conditions.