CHANDAN MEVALAL MALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This successive bail application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, in connection with the FIR being C.R.No. II-3023/2019 registered with Surat Railway Police Station, Surat City, for the offences punishable under Sec. 8(c), 20(c) and 29 of Narcotics Drugs and Phototropic Substance Act, 1985.

(2.) Facts and circumstances giving rise to file present application are that, the applicant Chandan Mevalal Mali and co- accused Jitendra @ Jitu Kantilal Vasava have been apprehended with the conscious possession of narcotics substance Ganja weighing 75.85 kgs. amounting to Rs.4,53,510.00 when they being passengers Gujarat Express Train, deboarded at Kim, Surat Railway Station, Surat, the western railway police officials saw them carrying huge quantity of contraband ganja filled in different four gunny bags and/or plastic bags. On 29/9/2019, when the police officials of railway police station were on patrolling at Kim Railway Police Station, they saw the accused who were deboarded from train and going towards exit gate of Kim Railway Police Station, restrained the applicants and asked about the material filled up in four plastic bags which they were carrying with them. On preliminary inquiry, it was revealed that the material found was contraband ganja. The applicant along with contraband ganja were taken to railway outpost police chowky and after following procedure, the quantity of ganja weighing 75.85 kgs. Seized and recovered from the accused. 30.606 Kgs. out of total 75 Kgs ganja, was found and recovered from the applicant as he was carrying two gunny/plastic bags.

(3.) In the aforesaid facts, the FIR came to be registered by one Police Head Constable Ramesh Jesingbhai for the offence referred above and after completion of investigation, the chargesheet for the said offence came to be filed against the accused.