DHANSINH PAHADSINH SODHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with the FIR registered at C.R.No.11993007211675 of 2021 with Gandhidham 'B' Division Police Station, Kachchh for the offence punishable under Ss. 15(a) and 29 of the NDPS Act.

(2.) On perusal of FIR as well as charge sheet papers, it appears that the present applicant, who is named as accused No.1 in the FIR was running a grocery shop named as 'Bhagwati Kirana & Tea Stall' at Gandhidham and the present applicant was sitting on the counter of that grocery shop, which is in the name of his brother and when the raid was carried out, 2.067 kgs of poppy straw powder, which is contraband was seized from the conscious possession of the present applicant. Considering the quantity of the contraband, which is less than commercial quantity, the present applicant earlier had preferred bail application before this Court being Criminal Misc. Application No.23224 of 2021. However, the same was withdrawn by learned advocate for the applicant vide order dtd. 11/7/2022 with a view to approach the trial court in view of subsequent development. Thereafter, the present applicant preferred an application being Criminal Misc. Application No.358 of 2022 before the Court of Additional Sessions Judge, Gandhidham-Kachchh and the same was rejected vide order below Exh.9/B by learned Additional Sessions Judge, Gandhidham-Kachchh vide order dtd. 4/8/2022 and that is how this successive bail application is preferred.

(3.) Mr.Ashish Dagli, learned advocate for the applicant, made the following submissions: