KANHA SHETTY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

(2.) This bail application is filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with an offence being CR NO. 11212051210986 of 2021 registered with Surat Railway Police Station District Surat City for the offence punishable under Ss. 8(c) , 20(B) iiC, 29 of the NDPS Act .

(3.) Brief facts of the present case are as under: 3.1 The Complainant had taken search on 14/08/2021 in, Ahmedabad-Puri Express and collected the total weight of 57.571 kg Ganja from both the accused. The accused named Kanha Shetty s/o Shibba Shetty and Mangala Patra s/o Santosh Patra were arrested. At the time of arrest, total weight of 31.187 kg contraband found from the accused name Kanha Shetty s/o Shibba Shetty (present applicant), and, total weight of 26.384 kg contraband found from the accused name Mangala Patra s/o Santosh Patra and that is how the impugned complaint has been lodged against the accused persons. Pursuant to the above-mentioned crime, the applicant has been arrested by the police on 14/08/2021 and he was presented before the concerned magistrate on 15/08/2021 and 5 days remand was granted thereafter, applicant was presented before the concerned magistrate on 20/08/2021, since he is in judicial custody at Lajpore Central Jail at Surat as an under- trial prisoner. Thereafter, a charge sheet has been presented before the trial court and the case is registered as Special NDPS Case No. 9 of 2022 in the trial court. Thereafter, the applicant filled his first regular bail application after the Charge Sheet in the Hon'ble Sessions Court, Surat vide CRMA-S No. 7110 of 2022 but the same was rejected. Hence, applicant has filed present bail application before this Court.