SHEZADHUSSAIN MAZHARHUSSAIN TEJABWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Ses. 439 of the Criminal Procedure Code, the applicant has prayed for enlarging him on bail in connection with FIR being C.R. No. Prohibition - 5075 of 2019 registered with DCB Police Station, Ahmedabad for the offences punishable under Ses. 8 (C), 20 (b) and 29 of the N.D.P.S. Act .

(2.) As per the FIR, upon secret information that the present applicant alongwith Imran Ahmedbhai Ajmeri are in the business of M.D. Drugs and by ordering the same from Bombay and Goa, they are selling it and retailing in Ahmedabad City and other places and as they have ordered 1.5 K.g. of M.D. Drugs to one Asfaq Bava of Bombay. To get the delivery of the aforesaid drugs, two persons viz. Mazaharhusen Gulamahusen Tejabwala and Imtiyaz Banubhai Shaikh were sent. Once both the above named persons reached at Ahmedabad by traveling in a private Falkon Travels Bus, at the time of taking over the delivery on 27/9/2019, both those persons were arrested by the police and contraband M.D.Drugs weighing 1.469 K.g. amounting to Rs.1,36,90,000.00 was recovered from them. Since, the aforesaid contraband was ordered by the present applicant alongwith one Imran Ajmeri, the present applicant was arrested on 27/9/2019 and since, then he is in jail.

(3.) Heard learned advocate Mr. N. R. Pathan for learned advocate Mr. Saiyed for the applicant who submitted that the present applicant was not found in the conscious possession of contraband and claimed parity with co-accused - Mohommad Faaran Nasirkhan who has been enlarged on bail by the Coordinate Bench of this Court vide order dtd. 27/4/2022 in Criminal Misc. Application No. 7774 of 2022 and on the basis of the same as another co-accused viz. Mohammadrehan Alimiya Kaji also was enlarged on bail by the Additional Sessions Judge, City Sessions Court, Ahmedabad on 10/5/2022 in Criminal Misc. Application No. 2906 of 2022.