SATYANARAYAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-CR No.11195007200715 of 2020 registered with Bhabhar Police Station, Banaskantha for offence under Ss. 8(C) and 18(b) of the Narcotic Drugs and Psychotropic Substance Act.

(2.) Learned advocate for the applicant submitted that the entire investigation has commenced on the basis on a secret information regarding vehicle allegedly carrying narcotic substance. However, there is nothing to indicate as to how such information was received secretly by the Investigating Agency. It is submitted that the investigating revealed the contraband being opium juice weighing 2.279 Kg and therefore, considering the quantity and the maximum sentence that can be inflicted, the case of the applicant deserves consideration. It is submitted that the applicant is in custody since two and half years and there are many witnesses yet to be examined and therefore, the trial is likely to consume long time. It is submitted that the applicant does not have any antecedents and therefore, the case of the applicant deserves consideration in view of the harsh conditions faced by the family of the applicant.

(3.) Learned Additional Public Prosecutor has opposed the application by submitting that this is third successive bail application and previously also the case of the applicant was not considered. However, the applicant had sought to withdraw such applications. It is submitted that the applicant was found in conscious possession and Investigating Agency has complied with all the necessary formalities as prescribed under the provisions of NDPS Act and therefore, there is prima-facie case of direct involvement of the applicant. Hence, the application deserves to be rejected. It is lastly submitted that the trial is in active progress.