MEWALAL BADRILAL KUMAWAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being CR No. 11823026210497 of 2021 registered with Amletha Police Station, Narmada for offence under Ss. 8(C), 20 and 29 of the NDPS Act, 1985, which has now culminated into Criminal Case No. 7 of 2021 pending before 5th Additional District and Sessions Judge, Rajpipla.

(2.) Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the applicant is falsely involved in the offence and only on the basis of version given by the co-accused, who was apprehended with contraband.

(3.) Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the offence is of serious nature involving 23 plus kg. of "ganja" and that role of the applicant is coming out actively on the basis of mobile connectivity between the accused apprehended with contraband and the applicant.