ORDER :

Prashant Kumar Mishra, J.

1. Since all the bail applications are arising out of crime No.255/2020 they are being considered and decided by this common order.

2. The applicants have preferred these bail applications under Section 439 of CrPC, as they are arrested in connection with Crime No.255/2020, registered at Police Station City Kotwali, Raipur (CG), for the offence punishable under Sections 22(c), 29, 25 & 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the Act’). [As per the final report].

3. As per the prosecution case a secret information was received by the Police of Police Station City Kotwali, Raipur, that the accused Shreyansh Jhabak and Vikas Banchore are moving to sell cocaine near Government Polytechnic, Byron Bazar, Raipur. After taking down the information in the Rojnamcha Sanha; preparing mukhbir panchnama; and informing the City Superintendent of Police, ASI Mohd. Asrar Ali with Constable Kumar Gaurav Patel & Girdhar Prajapati reached the place of occurrence and having found the above two accused they were raided and after making necessary compliance of provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') they were searched in which Shreyansh Jhabak was found in illicit possession of 7 gms. cocaine whereas Vikas Banchore was found in illicit possession of 10 gms. of cocaine, which were kept wrapped in polythene sheet in their trouser pocket. The seizure memos were prepared and the seized cocaine was weighed in the electronic weighing machine. During interrogation and verification of their mobile phones and call details it was found that the accused persons are part of drug cartel/mafia who are engaged in the illicit trade and trafficking of cocaine and MDMA [Methylene-dioxy-methamphetamine] throughout the country including in several districts of the Chhattisgarh State.

4. Based on the information, accused Abhishek Shukla was arrested and from his possession 93.610 gms. MDMA was recovered. The total quantity being 110.610 gms., more than the commercial quantity (100 gms.). The investigation further proceeded for offence under Section 22(c) instead of Section 22(b) of the Act. During further investigation it was revealed to the police that the co-accused Abdul Azim, Mohammad Minhaz, Rohiz Ahuja, Laxman Gain, Rakesh Arora, Allen Soren, Gaurav Shukla, Ashish Joshi, Nikita Panchal, Sambhav Parak, Harshdeep Singh Juneja & Royden Buthello are also involved in illicit trade and trafficking including sell, transportation and possession as also consumption of cocaine and MDMA. The illicit drugs were brought to Raipur from Mumbai & Goa and consumed at the drugs party by the accused persons and is also sold to other intending customers. Police has recorded the statements of witnesses to the search and seizure operation; disclosure statements of accused persons; and diary statements of other witnesses. They are: Shiva Mudaliyar, Prakash Harpal, Kewal Barmeda, Avinash Shukla, Dashmit Chawla, Mayank Agrawal & Har Kiran Kaur. Statements under Section 164 Cr.P.C. have also been recorded of the witnesses Dashmit Chawla & Avinash Shukla.

5. Learned counsels appearing for the applicants would argue that more than the small quantity, but less than the commercial quantity of contraband has been seized from Shreyansh Jhabak, therefore, the provisions contained in Section 37 of the Act concerning limitation on granting bail would not attract and the applicant having remained in jail for more than three months is entitled to be released on bail. For other accused persons, learned counsels would further argue that no seizure has been made from them and they have been arrested only on the basis of disclosure made by co-accused or by witnesses and, as such, they are entitled to be released on bail. Learned counsels would also argue that mandatory provisions contained in Sections 42 & 50 of the Act having not been complied with, therefore, this also en