SOYEB SHABBIR SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed in view of the liberty reserved in favour of the petitioner vide orders dated 10 th June 2021 passed in Criminal Miscellaneous Applications No.5450 of 2021 and dtd. 16/11/2021 passed in Criminal Miscellaneous Application No.16808 of 2021 respectively.

(2.) Learned advocate for the petitioner submitted that the application is filed in view of the subsequent development, where this Court has enlarged one co-accused Farhan Shadab Ahmed Shaikh on regular bail vide order dated 9 th July 2021 passed in Criminal Miscellaneous Application No.6769 of 2021.

(3.) Learned advocate for the petitioner submitted that though the offence is under the provisions of the Narcotics Drugs and Psychotropic Substances Act, however, the quantity of drugs seized and being the subject matter of offence is 12.104 kg of 'ganja', which is intermediate quantity and hence the rigours of Sec. 37 of the NDPS Act will not apply.