KHALIFA MOHAMMED FARUK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. A.S. Timbalia, Mr. Kartik V. Pandya and Mr. Manan Mehta, learned counsel appearing for the respective parties.

(2.) The applicant, by way of this application filed under Sec. 439 of the Code of Criminal Procedure, seeks regular bail in connection with F.No. NCB/AZU/CR- 07/2021, registered with N.C.B. Department, for the offences punishable under Ss. 36A(d)(4) of Narcotic Drugs and Psychotropic Substances Act , 1985 (herein after referred to as 'the N.D. P.S. Act' for short) and under Ss. 8(c) , 20(b)(II)(C) , 27A read with Ss. 29 and 35 of the NDPS Act, 1985.

(3.) Brief facts of the prosecution case are that, Intelligence Officer of NCB Zonal Office, Ahmedabad, was in receipt of information that accused Bismillah Khan Pathan and Mussafarkhan Pathan @ Laliyo Pathan, are traveling in Mahindra XUV with contraband narcotics Charas alleged to have been brought from Ajmer, Rajesthan and are coming in the Gujarat via Gandhinagar Border. The vehicle was intercepted nearby Zundal Circle, Gandhinagar and during the search, 10.730 Kgs., of Charas recovered by the authority. The statements under Sec. 67 of the accused have been recorded. It was revealed that the contraband narcotics was sent by absconding accused Javed and Manzoor, residents of State of Jammu and Kasmir and accused have procured it from Ajmer, Rajesthan. It was further revealed that both the accused involved in purchase, transport and sell of contraband narcotics. It was further revealed that the accused Bismillah Khan procured the narcotics so as to deliver 5 Kgs, to accused no. 3 Faruk Sai, present applicant herein, and 3.5 kgs to one Muddasar kadri and rest of the substance was to be retained by himself. Both the accused have been arrested. Pursuant to the statements and CDR details, the applicant herein is arrested on 17/7/2021. The authority filed complaint as contemplated under Sec. 36A(d)(4) of the N.D.P.S. Act, against the 4 persons including present applicant herein. The applicant accused moved a regular bail application before the Sessions Court, Gandhinagar, which came to be rejected vide its order dtd. 30/12/2021. Aggrieved with the order, the applicant has preferred present application seeking his regular bail.