ARYAN SANTOSHBHAI KANDHARI 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 FIR No.11210048220069 of 2022 registered with Umra Police Station, District - Surat City for offences punishable under Ss. 8(C) , 22 , 29 of the NDPS Act.

(2.) Learned advocate appearing for the applicant submitted that alleged recovery of cannabis (charas) from the applicant was of 35.850 grams which is less than small quantity. Learned advocate further submitted that no criminal antecedents against the applicant registered in connection with the NDPS Act . It was, therefore, prayed that the present application may be allowed and the applicant herein may also be released on regular bail.

(3.) Learned Additional Public Prosecutor appearing for the respondent-State submitted that recovery has been from the conscious possession of the applicant. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.