MUSTAK SARAFATAKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered as C.R. No.11191011210096 of 2022 with DCP Police Station, District Ahmedabad for the offences punishable under Ss. 8(c) , 22(c) , and 29 of the Narcotic Drugs Psychotropic Substances Act, 1985.

(2.) Learned advocate Mr. Hemant Makwana for the applicant submits that the applicant is not named in the complaint and only on the basis of co-accused person, the applicant was falsely implicated in the alleged offence. He submits that the applicant has not found in conscious possession of the alleged contraband and on the contrary, the contraband was found in the conscious possession of the co-accused person. He further submits that as the charge-sheet is filed and investigation is now concluded and therefore, there is no likelihood to tamper and hamper with the prosecution witnesses. He further submits that the applicant was nowhere found to be selling the illegal contraband mephedrone and the contraband muddamal was neither found from the direction possession nor of the premises of the applicant. He therefore submits that considering the present application, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) Learned APP L. B. Dabhi appearing for Respondent No.1-State submits that the applicant accused is involved in very serious crime and he does not deserve the bail that there is all likelihood that the presence of accused may not be secured and the applicant-accused shall continue such activity and likely to tamper with the evidence. He further submits that the contraband article was found from joint conscious possession of accused and co-accused. He further submits that upon investigation, the quantity of 70 grams of mephoedrone was recovered. He further submits that considering the ratio laid down by the Apex Court, it is very much clear that accused dealing in Narcotics Drugs and who is facing such a serious charges, may not be released on bail even for a day during the pendency of trial. There might be strong possibility that he may jump the bail which resulted into in-completion of the trial case.