BHERARAM KEHNARAM CHAUDHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this successive bail application, the applicant has prayed for enlarging him on bail under Sec. 439 of Criminal Procedure Code on the ground of parity in connection with C.R. No.11200048221173 of 2022 dtd. 19/4/2022 registered with Vapi Town Police Station, Valsad for the offences punishable under Ss. 8(C) , 17(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985.

(2.) Heard learned advocate Mr. Pankaj S. Chaudhari appearing for the applicant. Learned advocate Mr. Pankaj Chaudhari submitted that the present applicant is the co-accused who is shown as accused No.2 in the FIR and the main accused viz. Shravankumar Valarama Bishnoi has been enlarged on bail vide order dtd. 20/9/2022 in Criminal Misc. Application No.15125 of 2022. Learned advocate Mr. Pankaj Chaudhari states that the quantity recovered from the accused person of the contraband liquid opm was 1.3 kilogram which is intermediate quantity and not commercial quantity and therefore the applicant is required to be enlarged on bail.

(3.) Learned advocate Mr. Pankaj Chaudhari further submitted that considering the fact the quantity of contraband was intermediate quantity, the maximum punishment even if the applicant is held guilty at the time of trial would be ten years and since more than ten months the applicant is behind bar and therefore, considering the aforesaid two grounds the applicant is required to be enlarged on bail. Accordingly to learned advocate Mr. Pankaj Chaudhari appearing for the applicant that there is no past antecedent and therefore, the applicant is required to be enlarged on bail. Except the aforesaid submissions no other submissions was made by the learned advocate Mr. Pankaj Chaudhari appearing for the applicant.