MAHAMMAD FAIZAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this successive bail application under Sec. 439 of the Code of Criminal Procedure, 1973, the applicant has prayed for his release on regular bail in connection with FIR registered at C.R.No. 11200019211177 of 2021 with Dungari Police Station, District:- Valsad for the offence punishable under Ss. 8 (c), 22 (c) and 29 of the Narcotics Drugs and Psychotropic Substance Act.

(2.) The applicant had just recently withdrawn the bail application preferred by him being Criminal Misc. Application No. 22813 of 2021 vide order dtd. 29/7/2022 and thereafter, within a span of four months, this successive bail application is preferred on basis of the fact that co-accused namely Sehjad Ismail Marchant has been released by the Coordinate Bench of this Court vide order dtd. 29/9/2022 in Criminal Misc. Application No. 1117 of 2022.

(3.) The case of the present applicant is that it has been alleged by prosecution that the applicant was to receive the contraband which was recovered from the main accused person who was traveling with the contraband, being alleged receiver of the contraband that they were not in conscious possession of the contraband and the present applicant is arrested on the basis of the statement of co-accused.