KOMIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Misc. Application Nos. 10726 of 2021 and 14412 of 2021 has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being C.R.No. 11200011210097 of 2021 registered with Valsad Rural Police Station, Valsad, for offences punishable under Sec. 80(c) , 20(B) iiC and 29 of the Narcotic Drugs and Psychotropic Substances Act .

(2.) The allegation is of intra-state transporting ganja 283.060 kg worth Rs.28,30,600.00 without any pass or permit, and as per the case of the prosecution, Shakeel was driving the tempo and the co-accused Nadeem was alongwith him, and when this vehicle was intercepted, Nadeem ran away from the place. During the investigation it was found that the ganja was kept in Suez Farm, Ziberil Estate, Plot No. B-1/5 which was of the ownership of the co-accused namely Mohammed Arif who was the brother-in-law of the present petitioner-Komil @ Kamil s/o Bajruddin @ Badruddin Qureshi. It was found during the investigation that Kamil was in collision with his brother-in-law Mohammed Arif and Mohammed Asif was in business and the investigation revealed that Kamil had transferred the amount in the account of Mohammed Arif on three different occasions. Kamil had also transferred the money in the account of Mohammed Asif. CCTV footages of the bank as well as the bank slips confirms the transaction. During the investigation the sell agreement of the said tempo traveller was recovered which reveals that the tempo traveller was sold to Kamil. During the course of investigation it was found that ganja was to be purchased by Sharukh Akbarkhan Pathan through Imran Lalabhai Qureshi as well as Afroz @ Rehan. The statement of one co-accused Aslam Musabhai Ganchi was recorded who was the owner of the farm, who had confirmed the sale of property- farm to Mohammed Arif and Mohammed Asif. The confirmation is also there on record by way of statement of witnesses namely one Asif Abdul Wahid who had constructed the shed on the said farm. The police finds that the petitioner - Kamil was doing the business of transportation of ganja alongwith his brother-in-law namely Mohammed Arif and Mohammed Asif.

(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. Learned APP has vehemently contended that all the co-accused are inter-connected and the affidavit of Investigating Officer reflects about the role of all the accused and discloses the systematic act of the accused in transporting the prohibited articles. Learned APP submitted that if the petitioners are released on bail, then they may continue with such illegal activities, and therefore, it was urged that no discretion may be exercised in favour of the petitioners.