NIKITABEN DALSUKHBHAI CHODVADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This successive bail application is filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No.11210004211758 of 2021 with Amroli Police Station for the offences punishable under Ss. 8(C), 20(b)IIC and 29 of the Narcotic Drugs and Psychotropic Substances Act .

(2.) Heard learned Advocate Mr.Daiya for the applicant. It is submitted by learned Advocate for the petitioner that the petitioner is a female accused and nothing is found in her conscious possession as she was travelling with other co- accused viz., Mr.Jenish and Mr.Atulbhai Patil and the applicant has nothing to do with the NDPS substance weighing 4.684 Killogram of Charas. It is further submitted that applicant was travelling in the car alongwith other co- accused and therefore, she cannot be said to be in conscious possession of contraband substance which is of commercial quantity and no any call details available to connect the present petitioner with the offence, more particularly, with other co-accused persons.

(3.) In support of his submissions, learned Advocate for the petitioner has pressed into service following decisions to grant the bail as there was joint seizure of NDPS substance from all the three co-accused.