SANATAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant, by way of this application filed under Sec. 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R.No. 11214021211414 of 2021 registered with Kosamba Police Station, Dist. Surat, for the offences punishable under Ss. 8(c), 20(b) (ii)(c) and 29 of the Narcotic Drugs Psychotropic Substances Act .

(2.) Necessary facts giving rise to filing present petition are that, on 13/12/2021, secret information was received by police personnel of SOG, Surat Rural Branch that two persona namely Soheb Saha and Mohsin Shaikh are passing nearby Citizen Hotel, Ahmedabad Road, carrying quantity of contraband ganja in their handbags and they are about to leave towards Ahmedabad. The said information was reduced into writing and note was put up before the superior officer and accordingly, a team was formed to take necessary action. During the raid proceeding, two persons as per the information were found at the place and upon their search, ganja weighing 10.098 Kgm. was from the conscious possession of accused No.1 and 10.183 Kgm. found from accused No.2. The total 20.281 Kgm. ganja was recovered and seized from the conscious possession of accused Nos.1 and 2. During their interrogation, it reveals that the contraband ganja was supplied by the present applicant herein and same was purchased by him from one Mukund Vijaybhai.

(3.) In the aforesaid facts, after following the mandatory provisions, the investigating officer has arrested accused Nos.1 to 3 and after completion of investigation, filed a chargesheet against them.