RAHIMBHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This second successive bail application is filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered being No.NCB/AZU/CR- 04/2019 with Narcotics Control Bureau, Ahmedabad Zonal Unit, Ahmedabad for the offences punishable under Ss. 8(c), 20(b)(ii)(C), 21(b) read with sec. 29 of the NDPS Act

(2.) Learned advocate Mr. Satish Pandya for learned advocate Mr. Agrawal for the applicant submits that the applicant is aged 83 years old; there is no evidence as to hatching of conspiracy; the applicant is involved in the offence on the basis of statement of the co-accused and therefore, considering the decision rendered in case of Tofan Singh Vs. State of Tamil Nadu reported in AIR 2020 SC 5592 and recent decision of the Bombay High Court in the case of Aryan Khan, the applicant may be granted bail, as there is possibility of acquittal in the proceedings initiated against the present applicant under the provisions of the NDPS Act .

(3.) Considering the submissions made at bar and decision cited at bar, it needs to be noted that the applicant has preferred bail application before this Court after filing of charge sheet being Criminal Misc. Application No.19714 of 2020, wherein this Court has passed an order on 14/6/2021, which reads as under: