BHAVESH KUNVARJI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application under Sec. 439 of the Code of Criminal Procedure, the applicant has prayed for regular bail in connection with the FIR being 11205017220036 of 2022 registered at Jakhau Police Station, Kuchcha (West), Bhuj for the offences punishable under Ss. 8(c) , 29 and 20(b) etc. of the NDPS Act .

(2.) Mr. Rahul Dave, learned advocate for the applicant states that the quantity recovered from present applicant is of contraband charas / marijuvana which is intermediate quantity. It is the case of the applicant that it was unclaimed contraband, for which, the applicant is falsely implicated. Learned advocate further submits that the co-accsued has been enlarged by the Coordinate bench of this Court vide order dtd. 12/12/2022 passed in Criminal Misc. Application No. 20333 of 2002. Hence, the considering the above fact, present applicant may be enlarged on regular bail.

(3.) Learned APP Mr. Hardik Soni appearing for the respondent State, has opposed this application by stating that the commercial quantity of the contraband charas would be 1 kg whereas quantity of the contraband recovered from the applicant is substantially large quantity is of 0.896 grams. He further submitted that applicant was found from conscious possession of the contraband and considering the fact that Kutch is border district and this is a root to send the contraband into the country and when the applicant has been arrested having possession of the contraband considering the larger interest as the same is used to ruin the youth of the country, therefore, the applicant may not be enlarged on bail. Even if, the quantity is not commercial quantity but considering substantial quantity of contraband.