CHANDANKUMAR SUDARSHAN VIND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being C.R. No.11210060212278 of 2021 registered with Varachha Police Station, Surat for the offences punishable under Ss. 8(C), 20(B) ,(2),(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to in short as 'the NDPS Act ').

(2.) Learned Advocate for the applicant submitted that the allegations qua the applicant is with regard to about 44 Kgs. and 300 grams of ganja which were alleged to be found in the custody of both the accused. Referring to the secret information, it is submitted that the ganja is alleged to be found at the railway tracks below the Ashwini Bridge, Varachha. Thus, it is submitted that with regard to the information received, the FSL Officer ought to have accompanied the raiding party and according to the information so received, the FSL Officer should have been present at the place, before time so as to examine the alleged contraband article at a public space. It is further submitted that initially a bag containing 14.480 grams of ganja was stated to have been found from the custody of both the accused and further, it is alleged that the accused were having weighing scales with them while further raid suggests that two plastic bags were found from the hay which contained 16.730 grams and 13.120 grams of ganja. It is also submitted that the police was required to examine the alleged contraband article at the place of offence but took the alleged contraband article at the Ashwini Kumar police chowky and then the panchnama was done where the FSL Officer was called. It is further submitted that the conscious possession of the alleged article cannot be attributed to the accused and if as stated, the initial bag as alleged to have been seized from both the accused is considered, then the quantity would fall below the commercial quantity. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Learned Additional Public Prosecutor submitted that the conscious possession of the contraband ganja was from both the accused and it is beyond the commercial quantity. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.