ORDER :

1. By way of this Criminal Miscellaneous Application under Section 439 of the Code of Criminal Procedure, 1973 (for short, “the Cr.P.C.”), the applicant – original accused No.4 has approached this Court seeking, inter alia, regular bail in connection with an F.I.R. being I-C.R. No.11192011210459 of 2021 registered on 16th November 2021 with Bopal Police Station, District : Ahmedabad Rural for the offence punishable under Sections 8(c), 20(b), 22(c), 23(c), 24 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short, “the N.D.P.S. Act”).

2. The case of the prosecution in brief can be stated as under :

On 15th November 2021, the complainant i.e. - Munalkumar Dineshbhai Jaiswal, Police Sub-Inspector (PSI), SOG, Ahmedabad Rural has received secret information in writing that the Accused No.4 and 2 i.e. Vandit Patel and Parth Sharma are going to be selling contraband in a vehicle being Kia Sonnet GJ-01-WA-5937 between l.00 a.m. to 5 a.m. near Bopal, Ghuma. Pursuant thereto, the complainant along with the raiding party have gone for conducting the raid. Hence, on 15th November 2021 at around 11.30 p.m. the raiding party has found the Kia Sonnet GJ-01-WA-5937 parked on the side under the streetlights near Ghuma, Bopal. In the car, the police have found two persons wherein the one on the driver’s seat has identified himself as Vandit Patel (Accused No.1) and the one on the passenger seat has identified himself as Parth Sharma (Accused No.2). Furthermore, upon conducting a preliminary search of the car one school bag containing contraband was recovered from the accused Nos.2 and 4 and subsequent investigation was done by the investigation agency.

3. Pursuant to the aforesaid, the applicant came to be arrested on 18th November 2021 from his residence. The applicant, thereafter, preferred a regular bail application before the learned Special Judge (N.D.P.S. ) and 4th Additional Sessions Judge, Ahmedabad (Rural) at Mirzapur being Criminal Miscellaneous Application No.3958 of 2021, however, the same was rejected by the learned Sessions Judge vide order dated 31st December 2021.

4. The applicant, thereafter, approached this Court by way of Criminal Miscellaneous Application No.648 of 2022, however, the said application sought to be withdrawn by the applicant. Thus, vide order dated 7th March 2022, the said application came to be disposed as withdrawn.

5. The Investigating Agency, thereafter, completed the investigation and submitted chargesheet on 11th May 2022 before the learned Special Judge (N.D.P.S.) and 2nd Additional Sessions Judge, Ahmedabad (Rural) at Mirzapur. In view of the change circumstances, the applicant had again approached the learned Trial Court by way of Criminal Miscellaneous Application No.1512 of 2022, however, the said application came to be rejected vide order dated 10th June 2022.

6. Being aggrieved and dissatisfied with the aforesaid, the applicant has again approached this Court by way of this Criminal Miscellaneous Application under Section 439 of the Cr.P.C. seeking, inter alia, regular bail in connection with the aforesaid F.I.R.

7. I have heard learned advocate Mr. Sunil Joshi for the applicant and learned A.P.P. Mr. Pranav Trivedi for the respondent – State of Gujarat.

8. Learned advocate Mr. Sunil Joshi for the applicant submitted that the investigation is over and chargesheet has been filed and there is no incriminating material found by the Investigating Agency from the present applicant. He further submitted that as such the applicant was not apprehended with the conscious possession of contraband articles. Mr. Joshi further submitted that there is no material available in the entire chargesheet connecting the present applicant with the offence in question, however, the present applicant has been falsely implicated only on the basis of statement of original accused No.1. Mr. Joshi further submitted that the entire contraband articles have been recovered from the original accused