AKSHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail, after the filing of charge-sheet, in connection with the complaint being III-C.R. No. 03 of 2022 registered with ATS Police Station, Ahmedabad City for offences punishable under Sec. 8(C) , 20(b)(ii)(b) , 22(B) , 22(C) and 29 of the N.D.P.S. Act.

(2.) Learned Senior Advocate Mr. S.I. Nanavati appearing for the applicant-accused submitted that as per the allegations made in the impugned FIR, the contraband articles were found from a house occupied by two of the co-accused. The applicant was not present in the house at the time of raid. Further, the said house also does not belong to the applicant. It was contended that the applicant herein has not been named in the FIR and even the main accused had not disclosed the name of the applicant. Insofar as the role attributed to the applicant is concerned, it is alleged that the applicant herein had supplied MD to the co-accused; however, the quantity involved is not commercial quantity. Further, there is no recovery or discovery from the applicant. It was, accordingly, urged that discretion may be exercised in favour of the applicant.

(3.) Learned APP pointed out that the applicant along with co-accused is involved in the illegal trade of narcotic substances - Ganja, Charas, Mephedron and MD. Further, the applicant has five criminal antecedents. The applicant is a native of the State of Maharashtra and therefore, if released on bail, there is every possibility that he would flee justice. It was, accordingly, urged to reject the present application.