MINESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application by the applicant under Sec. 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of her arrest in connection with FIR registered at C.R.No.11210015210142 of 2022 before D.C.B. Police Station, Surat City for the offence under Ss. 8(C), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1988.

(2.) Learned counsel appearing for the applicant submitted that the applicant is innocent and falsely implicated by the complainant in the alleged offence. He submitted that the present applicant is involved in the alleged offence on the basis of statement of co-accused. He submitted that the accused No.1 is the friend of the present applicant. The applicant is not residing at Surat and she is falsely roped in the offence. He further submitted that the applicant has no connection with the contraband which were seized from the accused persons and merely on the basis of the statement of the co- accused the applicant is involved in the present case. He, therefore, submitted that the applicant is a lady accused, and prayed that considering the nature of offence, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) On the other hand, Ms.C.M. Shah, the learned Additional Public Prosecutor appearing for the respondent- State has strongly opposed this application and granting anticipatory bail to the applicant looking to the nature and gravity of the offence. She submitted that the contraband articles were supposed to be used for sale to school going and college going minor children and hence, looking to the seriousness of the offence, the present application may be rejected.