ORDER :

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being NCB/AZU/CR-11/2022 registered with the Narcotics Control Bureau, Ahmedabad Zonal Unit, Ahmedabad of the offence punishable under Sections 8(c), 22(c), 27(A), 28, 29, 30, 35, 54(A), 54(C) and 54(D) of the NDPS Act.

2. The case of the prosecution in brief is that on 25.06.2022 at around 13:10 hours, the Narcotics Control Bureau, Ahmedabad received a tip-off that four persons, namely, Srinivas Karre, Sathyantha Pothuganthi, Mohammad Sahajat Shaikh and Rahul SK are involved in illegal manufacturing of huge quantity of Alprazolam at Parshvanath Dye Chem, Plot C1B, 2409, GIDC, Phase-3, Vapi, Valsad (Gujarat) without having any valid license which is a prohibited substance under the NDPS Act. The said information was, in turn, conveyed to the Assistant Director of NCB, Ahmedabad on the very same day and as per the direction of the Assistant Director of NCB, Ahmedabad Shri Lalit Sharma, JIO, formed a team of officers and staff members and moved towards Vapi. Thereafter, after reaching near the place of offence, two persons were called for to act as the Panchas. Thereafter, the team of the NCB reached to the factory and went inside through the small gate. One person was standing there, who upon asking his name, told his name as Rahul SK. Thereafter, the officer asked Rahul SK about the other persons to which Rahul SK informed that they are sleeping in the rooms on the first floor. Therefore, the officers of the NCB along with the Panchas went to the first floor of the factory with Rahul SK where they found three persons sleeping. Upon asking their names, they disclosed their names as Srinivas Karre, Sathyanna Pothuganthi and Mohammad Sahajat which were matching with the secret information received by the NCB. Thereafter, the said officer introduced himself and the other members of the staff to those persons and informed them about the secret information that they are illegally producing/manufacturing Alprazolam at the said factory to which they agreed and confessed that they are manufacturing the contraband substance Alprazolam in the said factory. Upon asking them about any valid license for carrying out such an activity, they informed that they do not have any such license. Thereafter, upon further inquiry, they told the officers that they are merely a hired persons and that they are doing such an illegal activity under the instructions of Venkatesh Nomula and Rafiqul Shaikh. Thereafter, during the course of investigation, the name of the present applicant-accused came on surface. The role attributed to the present applicant-accused is that he was doing the fabrication work in the factory on the instructions of the co-accused Venkatesh Nomulla and Rafiqul Shaikh. Hence, the impugned FIR.

3. Learned advocate Mr. V.O. Joshi appearing for the applicant has submitted that the applicant-accused was arrested on 30.07.2022 and since then he is in jail. Learned advocate Mr. Joshi has also submitted that the investigation has already been completed and charge-sheet has also been filed. Learned advocate Mr. Joshi has further submitted that the NCB has registered complaint before the Special Judge, Vapi against total eight persons. Learned advocate Mr. Joshi has submitted that it is the case of the prosecution that all the accused persons, in collusion with each other, have hatched a criminal conspiracy to illegally manufacture the contraband substance Alprazolam/Nordazepam in the factory at Vapi and accordingly have played their individual role. Learned advocate Mr. Joshi has further submitted that so far as the role of the present applicant-accused is concerned, the allegation against the present applicant-accused is that he was doing the fabrication work in the said factory. Except this, no other specific role is attributed to the present applicant-accused. Learned advocate Mr. Joshi has also