JUDGMENT :

1. Present successive bail application under section 439 of the Code of Criminal Procedure has been filed by the applicant herein – original accused for releasing him on regular bail in connection with the alleged offence registered as CR No.11192011210459 of 2021 registered with Bopal Police Station, District Ahmedabad (Rural) dated 16/11/2021 for the offences punishable under sections 8(C), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act. for short).

2. The brief fact giving rise to the application is that on 15.11.2021 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 15.11.2021 at around 11.30pm 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. A table enumerating the contraband seized during the investigation is enumerated hereinunder :

2.1. It is pertinent to note that the applicant accused was apprehended by police on the basis of statement of co-accused and was sent to police remand between 19.11.2021 to 28.11.2021. It is relevant to note that on 25.11.2021, the investigating officer has filed reports for addition of offence under Section 24 of the NDPS Act. No contraband substance was found from the possession of the applicant herein. The said report was ordered to be kept with FIR.

2.2. The applicant was arrested by the NCB officials on the same day e.g. 29.09.2021 and his custody was obtained on remand upto 1.10.2021 and since then the applicant is in judicial custody and at present is in the Jail as an under-trial prisoner.

2.3. On 22.12.2021, the applicant has approached the learned Special NDPS Court praying for regular bail vide Criminal Misc. Application 3808 of 2021 which came to be rejected. On 21.03.2022, the applicant has preferred regular bail before this Court vide Criminal Misc. Application No.1358 of 2022 which came to be disposed of as withdrawn.

2.4. That on 11.05.2022, the investigating agency has concluded the investigation qua the impugned FIR and filed the charge-sheet.

2.5. That the applicant herein preferred regular bail after charge-sheet before the learned Special Judge (NDPS) & 2nd Additional Sessions Judge at Ahmedabad, Mirzapur vide Criminal Misc. Application No.1825 of 2022 which came to be rejected vide order dated 29.06.2022. Hence, the applicant has preferred the present successive bail application.

3. Heard Ms.Ketki Jha, learned advocate for the applicant and Mr.H.K. Patel, learned advocate for the State and perused the material placed on record.

4. Ms.Jha, learned advocate for the applicant has vehemently submitted that the applicant has not committed the alleged offences. Even if the case of the prosecution is accepted in its entirety, the alleged seizure of the contraband articles, tha