MAHESH MAHENDRAKUMAR BHURA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No. 11210030220048 of 2022 before Mahidharpura Police Station, District: Surat City for the offences under Ss. 20(b)(ii)(B), 29 etc of the Narcotic Dtugs and Psychotropic Substances Act ' 1985 (hereinafter be referred to as "the NDPS Act ").

(2.) Heard Mr.Syed, learned senior advocate assisted by Mr.Ansari, learned advocate for the applicant and Mr.Dabhi, learned Additional Public Prosecutor for the respondent - State.

(3.) Mr.Syed, learned senior advocate for the applicant submits that the applicant is innocent and has not committed any offence as alleged and not connected in any manner whatsoever with the alleged commission of offence. He submits that the applicant has been arraigned as an accused on the basis of the statement of the co-accused. He submits that the applicant had given money of Rs.40,000.00 to accused no.1 as he was in need of money. He also submits that no any contraband or illegal substances were recovered from the applicant and the same was recovered from accused no.1. He further submits that the applicant is 21 years of age and is a MBA student and the statements of the co- accused, who are directly involved in the offence, who are similarly situated to the present applicant, have been made witnesses and they are not named as accused in the FIR. He submits that there is no direct evidence of payment of cash by the present applicant to the other accused/witnesses i.e. Neel Anilbhai Shah and Akshay. He submits that the contraband article was not found in the possession of the applicant and he had no knowledge of the same or contraband in the possession of the co-accused. He submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary and besides the applicant will be available during the course of investigation and will not flee away from the justice. He submits that in view of the above, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.