ABHIJIT PRABHAKAR KONDUSKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS application is filed under Section 439 of the Code of Criminal Procedure, 1973 [for short, the Code] in connection with File No.DRI/AZU/NDPS -01/2011 registered as NDPS Special Case No.5 of 2012 with the Directorare of Revenue Intelligence, Ahmedabad, for the offences punishable under Sections 8(c), 22, 23, 24, 25, 27A, 28, 29, 30 and 38 of the Narcotic Drugs & Psychotropic Substances Act, 1985 [for short, 'NDPS Act] read with Section 120B of the Indian Penal Code.

(2.) LEARNED advocate for the applicant submits that charge sheet is filed on 31.05.2012 and the applicant is jail since 17.12.2011 and the applicant would be available for trial and by imposing conditions the applicant may be enlarged on bail.

(3.) LEARNED APP relying on the order dated 01.05.2013 passed by this Court in Criminal Misc. Application No.6042 of 2013 in the case of co -accused, Pramod Narhari Manjrekar and submits that the role of the applicant is similar to that of co -accused and no discretion should be exercised in favour of the applicant. Heard learned advocate for the applicant and learned APP for the respondent -State of Gujarat and considered the order dated 01.05.2013 passed by this Court rejecting the bail application filed by co -accused Promod Narhari Manjrekar, wherein this Court has taken into consideration the order dated 31.01.2013 passed by a co -ordinate bench of this Court dismissing bail application of another co -accused Sujal Vijaybhai Patel in Criminal Misc. Application No.14483 of 2012 and judgment of Bombay High Court in the Case of M.V.Hency v. Raviprakash Goyal in Criminal Misc. Application No.3295 of 2005 and order passed by the Apex Court in Criminal Misc. Application No.1845 of 2010 arising out of SLP [Cr.] No.4135 of 2010 and provisions of Sections 8, 9, 22 and 76 in the context of definition of Section 2[xxiii] OF NDPS Act and Rules 53 and 54 of the NDPS Rules. Order dated 01.05.2013 passed by this Court in Criminal Misc. Application No.6042 of 2013 reads as under: