SALMAN MUKHTYAR USMANGANI ABDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

(2.) 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.11191011220072 of 2022 with D. C. B. Police Station, District Ahmedabd, for the offences punishable under Ss. 8(c), 22(c) and 29 of the NDPS Act.

(3.) Learned advocate for the applicant submits that this is first offence against the applicant and he is not connected with the muddamal and there is no antecedents against the applicant. He also submits that in the investigation common allegation is there that at the place of incident police has done raid and they have arrested two persons and in the inquiry the applicant having motorcycle No.GJ- 1-DQ-7181 and from the vehicle police has taken M.D. Drugs. He also submits that the police has wrongly possessed the muddamal and the applicant is nowhere concerned with the muddamal and police has filed the wrong complaint. He also submits that the applicant was not in conscious possession of the muddamal and thus, considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions. He also submits that the co-accused has been released by this Court and therefore, on the ground of parity present applicant may be released on regular bail.