VIJAY NAMDEV KAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the FIR No. 11210015210142 of 2021 registered with DCB Police Station, Surat City for offences punishable under Sec. 8(C) , 22(c) , 29 of the NDPS Act.

(2.) Mr. Zubin Bharda, learned advocate for the applicant submits that the allegation is that Kamlesh Dugad had purchased M.D. drug from the present applicant of 79 gms. who in turn had brought it from Vaibhav alias Babu Narendrasingh, however, the said person has not been arrested yet in the present matter. Mr. Bharda submits that the Bank transaction through Google is in the Bank account of the mother of the present applicant which is a very nominal amount compared to the value of the M.D. drug and police had not found anything from the house of the applicant. It is submitted that co- accused Pooja who had purchased 20 gms. M.D. drug out of 79 gms. has been granted bail. Further, Mr. Bharda submits that all had gone at Bombay for celebration of the birthday of co-accused and they were captured in CCTV footage. Mr. Bharda submits that only on the statement of the co-accused, the present applicant has been involved in the matter where no contraband was found in his possession.

(3.) Mr. Pranav Trivedi, learned APP submits that the accused - Kamlesh Dugad had informed the police about purchasing the M.D. drug 79 gms. from the present applicant and CCTV footage of the hotel discloses that the drug was put in a zip bag and was shown to other co-accused. It is submitted that CCTV footage at Mumbai- Thane by pass in Hotel Fountain shows delivery of the drug by the present applicant to the co-accused - Kamlesh Dugad. As per the police, Krishnadutt Dube is fast friend of Kamlesh Dugad, who used to often purchase M.D. drug from Krishnadutt Dube and as per the police, Kamlesh Dugad was addict of M.D. drug and even in presence of Krishnadutt Dube, it is stated by the police that he used to consume drugs and that fact was known to Krishnadutt Dube from the year 2017. As per the police, Kamlesh Dugad being a friend of Krishnadutt Dube has named the present applicant as the person who had supplied M.D. drug.