GOPALLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application under Sec. 439 of the Code of Criminal Procedure is for grant of regular bail to the applicant in connection with the FIR being C.R.No. 11210046212688 of 2021 registered with Puna Police Station, Dist. Surat, for the offences punishable under Ss. 8 (c), 18(b) and 29 of the Narcotics Drugs and Psychotropics Substances Act, 1985 (NDPS for short).

(2.) Case of the prosecution in brief is that, on 30/11/2021, at about 16:30 hours, secret information was received that, one person wearing gray colour jacket and jeans pent carrying opium into his school bag is coming from Niyola Patiya on his barefoot. The said information was reduced into writing by the investigating officer and the same was put up before the superior officer. Accordingly, team was formed to take necessary action. The officer had also called two independent panchas and they were standing at the place in search of the person. At the place, the person namely Lokesh Goswami, aged about 16 years was identified and intercepted and upon further search, 1.980 Kgm. opium was found from the backpack of the juvenile. The investigation agency after following the mandatory provisions, seized the alleged contraband opium and finally arrested the juvenile. During the interrogation of the juvenile, it revealed that, the applicant herein was supplier of opium and juvenile was the peddler and was given Rs.5,000.00 for giving delivery to the particular person for which it was agreed that when he reached at Surat, the applicant herein will provide the name of person. Before the applicant provide the name, the juvenile caught red handed with contraband opium worth Rs.1,98,000.00.

(3.) In the aforesaid facts, offence has been registered with Puna Police Station, Surat, under the provisions of the NDPS Act . Accordingly, the applicant herein is arrested on 27/2/2022. He moved regular bail application before the Court concerned, however, the same was rejected.