JUDGMENT :

DIVYESH A. JOSHI, J.

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No. 11214021210985 of 2021 registered with the Kosamba Police Station, Surat Rural of the offence punishable under Sections 8(c), 20(B), ii (C) and 29 of the NDPS Act.

3. The case of the prosecution, in brief, may be summarized as under:

3.1 The complainant Shri Jagdishbhai Kamrajbhai, Head Constable, Buckle No. 587, S.O.G. Branch, Kosamba Police Station, Surat has filed the present complaint stating that on 17.08.2021, while he was on patrolling duty along with head constable Rohitbhai Babubhai, Buck No. 280, at that time, at around 4:30, he received a tip-off that in the Shop No. G-6 at Block No. 472 of Silver Textile Hub, G.I.D.C. situated in the outskirt of village Pipodra, one Tunna Sawai, i.e. present applicant and Dipak Pushti along with their associates, have illegally and without any pass and permit, stored the contraband substance Ganja which information was then passed over to the concerned superior officer at around 5:40 on mobile, whereupon, the complainant was asked to come at Kim cross-road after inspecting the place under information. Accordingly, after looking over the said place, the complainant along with head constable Rohitbhai Babubhai reached at Kim cross-road at around 6:20 whereas the other police staff had reached their at Kim cross-road at around 7:20. Thereafter, the said information was reduced into writing and handed over to the superior police officer present there. After that, as the raid had to be carried out at such premises, Panchas were also called for.

3.2 Thereafter, a written report about the said secret information was prepared and forwarded to the Superintendent of Police, Surat. Then, after following all necessary procedure of raid and drawing panchnamas, they left for the place under information and reached there at around 10:30. On reaching the place, five persons were found to be there inside the shop who were asked to come out from the shop by the police in the presence of the Panchas. After that, the superior officer introduced himself as well as the other police staff and the Panchas to the said persons, and upon asking their identities, they identified themselves as (i) Tunna Kabiraj Sawai (ii) Dipak Trinath Pushti (iii) Satishsingh @ Shiva Rambirsingh Gurjar (iv) Surendra @ Vijay Kishandev Prasad and (v) Navdhan @ Navin Khaliya Pradhan.

3.3 Thereafter, all the accused persons were acquainted about the secret information that they have illegally stored the psychotropic substance Ganja in the shop owned and occupied by them. After that, requisite procedure under Sections 42 and 50 of the NDPS Act was also followed and when entered into the shop keeping the accused persons with them, 16 filled plastic sacks were found to be lying there in a top of each condition. When checked all the sacks one by one, some suspicious leafy substance having pungent smell was found from the same. Personal search of all the accused persons were also made, however, nothing objectionable was found upon their personal search.

3.4 Thereafter, samples were taken and the officers of the FSL were also called for and upon testing with the drug detection kit, the samples tested positive for Ganja. Thereafter, all the accused persons also confessed about the other cache of contraband substance kept by them at the G.I.D.C. Navapara and upon such admission being made, police went to the said place and recovered 21 more plastic sacks filled with contraband substance Ganja. Hence, the present FIR.

4. Learned advocate Mr. H.D. Rajput appearing for the applicant has submitted that the applicant-accused is an innocent young man, aged about 28 years languishing in jail since 18.08.2021. It is further submitted that the investigation