MOHAMMED ARIF Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this bail application under Sec. 439 of the Criminal Procedure, the applicant has prayed for his release on regular bail in connection with offence registered with Mahidharpura Police Station, Surat being CR No.11210030210396 of 2021 dtd. 28/2/2021 under Ss. 8(C), 22 ((THELAW)) and 29 of the NDPS Act . As per the FIR, a lady, viz. Yasminbanu @ Manna Kadarmiya Shaikh was involved in trafficking of contraband and she was found with conscious possession of contraband methamphetamine drug weighing 197.94 gms. amounting to Rs.19,79,400.00 and role assigned to the present applicant is that he was the supplier of the aforesaid contraband and therefore, in the FIR, he was shown as accused on the run, but subsequently was arrested on 7/5/2021.

(2.) Heard learned Senior Advocate Mr.N.D.Nanavaty with learned Advocate Mr.S.D.Mansuri for the applicant and learned APP Mr.Manan Mehta for the respondent-State.

(3.) Learned Senior Advocate Mr.N.D.Nanavaty for the applicant submitted that case of the present applicant is squarely covered by the judgment of the Hon'ble Supreme Court in case of Tofan Singh Vs. State Of Tamil Nadu, reported in 2021 (4) SCC, 1 and by relying upon paragraph Nos.152, 153 and 155, learned Senior Advocate Mr.Nanavaty submitted that the present applicant, who is alleged to be the supplier of the commercial quantity of contraband, was arrested on the basis of statement recorded under Sec. 67 of the NDPS Act and hence, the same cannot be used as confessional statement at the time of trial for the offence under the NDPS Act .