LAXMIBEN JESANGBHAI BHACHUBHAI SOLANKI 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.11993004230165/2023 registered with the Bhachau Police Station, Kachchh for the offence punishable under Ss. 8(C), 22(B) and 29 of the NDPS Act.

(2.) Learned advocate for the applicant submits that now the investigation is completed and the present application is filed after submission of the chargesheet and the applicant is in jail since 11/4/2023. It is submitted that it is alleged in the complaint that the present applicant was going with the main accused in car and at that point of time, the said car was intercepted and during the search of the said car, contraband articles i.e. Mephedron Drug (MD) weighing of 3.220 grams have been recovered from the conscious possession of the co-accused and on the strength of the presence of the applicant - accused in the car, she has been arraigned as accused. It is submitted that the concerned member of the raiding party has also carried out physical search of the applicant - accused but nothing incriminating material was found out from the physical custody of the present applicant - accused. Learned advocate submitted that the contraband articles seized from the conscious possession of the main accused clearly goes on to show that the said quantity is not more than small quantity but lesser than commercial quantity. It is, therefore, urged that considering the factual aspects of the matter, the present application may be allowed by imposing suitable conditions.

(3.) 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 present applicant's presence is found out along with the main accused in the car and the said contraband article was found from the conscious possession of the main accused. It is, therefore, urged that considering the above factual aspects, the present application may not be entertained.