ASLAM KAUSHAR SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this successive bail application filed under Sec. 439 of the Cr.P.C., the applicant - accused no.3 seeks his regular bail in connection with the FIR being CR. No. 11210030220011 of 2022 registered with Mahidharpura Police Station, Surat for the alleged offences punishable under Sec. 8(C) , 20(B)(ii)(c) and 29 of the NDPS Act.

(2.) This court has heard learned counsel Mr. Salim Saiyed and APP Ms. Asmita Patel for the respondent State.

(3.) The prosecution case in nutshell are that upon secrete information received by the SOG Surat, the raid was conducted at the house premises of accused no.1 Tofan Sudarshan Sahu. During the raid proceedings, 3 gunny bags found at the eastern side of the road of the house and on further scrutiny the Ganja narcotic substance weighing 14.360 kgs. found from the aforesaid gunny bags for which, the accused no. 1 failed to explain about the possession of the narcotics. The sealing and seizure procedure completed at the place and after following the mandatory provision, the accused no. 1 arrested. During the investigation, it was revealed that the seized contraband substance was to deliver to present applicant and other co- accused as at their instance he has received it from absconding accused Manas Debendra Adhikari, resident of State of Oddisa. In nutshell, the accused from whose custody the contraband found, had transported from Oddisa to State - Gujarat, Surat and he kept it at his house and before he could delivere it to the present applicant and others, raid was conducted and he caught raid handed with the contraband narcotics. During the investigation, based on the call details and whats-app photos, the applicant herein apprehended in the alleged offence and finally chargesheet came to be filed for the aforesaid offences.