IMTIYAZ 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 the FIR being C.R. No.11210046201139/2020 registered with the Puna Police Station for the offence punishable under Ss. 8(C), 22(C) and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985.

(2.) Learned advocate submitted that the so-called incident has taken place on 5/9/2020 and on the very same day i.e. on 5/9/2020, FIR has been lodged and the applicant has been arrested on 5/9/2023 and since then, he is in judicial custody. Learned advocate submitted that now the investigation is completed and after completion of the investigation, the present application has been preferred. Learned advocate submitted that the applicant is not found in possession of the narcotic substance and the applicant has been arraigned as accused only on the basis of the statement of the co-accused, however, there is no recovery from the present applicant ' accused, which suggests his false implication. Learned advocate submitted that since last more than two years, the applicant is in jail and trial will take its own time to conclude and, hence, the present application may be allowed.

(3.) On the other hand, learned APP for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the role of the present applicant is clearly spelt-out from the body of the complaint. Learned APP submitted that in the present offence, MD Drgu of 100 Grams has been found from the possession of the applicant ' accused and on the spot, the applicant has been arrested by the members of the raiding party. Learned APP submitted that the narcotic substance seized from the applicant ' accused is commercial quantity and, hence, rigors of Sec. 37 of the NDPS Act would come into play. Learned APP submitted that in past also, the applicant was indulged into in similar type of offence. Learned APP submitted that the from the chargesheet papers, the involvement of the present applicant ' accused is clearly established and, hence, the present bail application may not be entering.