SIDDIQUE AQUIB ZUBAIR AHMED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 438 of the Code of Criminal Procedure, the applicant seeks anticipatory bail in respect of the FIR being No.11192011210459 of 2021 registered with Bopal Police Station, Ahmedabad Rural for the offence punishable under Ss. 8(c), 20(b), 22(c), 23(c), 24 and 29 of the NDPS Act.

(2.) In nutshell, the case of the present applicant is that upon secret information when the raid was carried out, the different contraband viz., hybrid Ganja - 300 Gram, Charas - 500 Gram, Charas Laddu - 221 Gram, Magic Mushroom - 224 Gram and shatter 43 Gram were recovered from the accused No.1 and another accused persons total weighing 1.289 Kilogram amounting to Rs.3,52,300.00 and thereafter investigation was carried out. During the course of investigation, role of the present applicant was revealed and it was revealed that the org. accused named in the FIR were ordering contraband by using Advance Technology through Darkweb and they have devised system whereby the same is delivered at their door-step. In respect of the offence in question, charge-sheet was filed on 11/05/2022 and the name of the present applicant is shown as A-4 in column no.2 and the role attributed to the present applicant is that he was one of the important link in transportation of contraband through Darkweb and therefore, he was shown as one of the accused in column no.2 in the charge- sheet.

(3.) Learned Advocate Mr.Vyas for the applicant submitted that the present applicant is named in the FIR; but no recovery is made from him and he also tried to make out a case for anticipatory bail by claiming parity of present applicant with one of the applicant viz., Geet s/o Mahesh Motilal Mehta (Jain Marwadi) and submitted that the aforesaid accused person who has played a similar role was enlarged on regular bail and therefore, considering the fact that now the charge-sheet is filed in respect of other accused and though the present applicant was named in charge-sheet, the role is similar to that of accused - Geet, he may be enlarged on bail.