DOLAJI SOMAJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicant, praying for regular bail post submission of charge-sheet in connection with an offence being C.R.No.11195017230002 of 2023 registered with Diyodar Police Station, District - Banaskantha, for the offence punishable under Ss. 8(c) and 20(b) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short "the NDPS Act ").

(2.) Heard Mr. Kirit Chaudhary, learned advocate for the applicant. According to his submission, the applicant - accused is aged about 73 years, having no criminal antecedents, alleged to have possessed in his house Ganja weighing 4.908 kilograms, worth Rs.49,080.00, which is less than commercial quantity and greater than small quantity. Therefore, he has submitted that in view of quantity seized, rigors of Sec. 37 of "the NDPS Act " would not be applicable. He has further submitted that for such intermediary quantity possessed by the accused, there are several orders passed by this Court as also the coordinate Benches, wherein accused are released on bail possessing intermediary quantity. One such order passed on 10/11/2022 in Criminal Misc. Application No.17918 of 2022, wherein coordinate Bench of this Court released the accused, post submission of charge-sheet, who is alleged to have possessed Ganja weighing 8.480 kgs. He has further submitted that he has no criminal antecedent. Drawing attention of the Court from the affidavit filed by the Investigating Officer objecting to grant of bail in the Sessions Court, there also against the column of antecedents, it is written as "NO". Ms. Jirga Jhaveri, learned APP, has also ascertained from the person instructing her and confirms the same. Therefore, learned advocate for the applicant has prayed for an order of regular bail in favour of the present applicant.

(3.) As against that, Ms. Jirga Jhaveri, learned APP submitted that since offence under "the NDPS Act " are on rise and affects the society at large, though, he is alleged to be in possession of the intermediary quantity, he may not be released on bail.