IMPORTANT POINT
The main legal point established in the judgment is the stringent conditions for granting bail under Section 37 of the NDPS Act, especially for offences involving commercial quantity of contraband substances. The court emphasized the legislative intent to curb drug trafficking and the potential impact on society, considering the reasonable grounds for believing that the accused is not guilty of the offence and that the accused is not likely to commit any offence while on bail.

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. 11210050231274 of 2023 registered with the Rander Police Station, Surat 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 On 22.09.2023, the complainant Shri Samatsinh Narsinh, Head Constable, Buckle No. 3027, S.O.G. Surat City has filed the present complaint stating that while he was present at the Sagrampura SOG Field Office, at that time, Head Constable Yogeshbhai Kansarabhai, Buckle No. 3152, informed them about the tip-off received by him that one Jatin @ Jaggu Girishbhai Bhagat, a resident of Rander Surat, has brought the cache of hashish (Charas) from somewhere and has been indulged in trafficking of the same and even today, at around 4:00 to 5:00 O’clock in the afternoon, he will go to Kirtinagar by passing through the Laxmi Dairy street situated opposite Roopali Cinema, Rander-Palanpur Patiya Road carrying one yellow bag, which information was then reduced into writing and handed over to the concerned superior officer who, in turn, forwarded the same to the Police Commissioner Rajdipsinh. After that, as the raid had to be carried out at such place, Panchas were also called for.

3.2 Thereafter, after following all necessary procedure of raid and drawing panchnamas, all the members of the raiding party reached at the pointed place at around 16:00 hours and scattered at different places of the street in a way that they can keep a watch of the movement of the people coming from both the sides of the street by disguise themselves.

3.3 Thereafter, after 45 minutes, the person as described in the secret information, seen passing through the said street carrying the yellow bag, who was cordoned by the police at 16:56 hours near Sejal Complex and then arrested. After that, the superior officer introduced himself to the said person, and upon asking his identity, he identified himself as Jaggu S/o Girishbhai Bhagat, aged about 26, a resident of Rander, Surat. Thereafter, as it was difficult to go ahead with the further procedure at such a public place, the said person was taken to the office situated in the parking of the ‘D’ Block of Sejal Complex where the further procedure was being carried out.

3.4 Thereafter, the said person got acquainted about the secret information. After that, requisite procedure under Sections 43 and 50 of the NDPS Act was also followed. Personal search of the accused person was also made, however, nothing objectionable was found upon his personal search. After that, the yellow coloured bag which the accused was carrying was also being searched from where two red coloured plastic pouches were found. When both the pouches were slightly opened from the corner side in the presence of the Panchas, a suspicious brown coloured solid substance was found to be there in both the pouches having pungent smell. Thereafter, when the accused was asked about the said suspicious narcotic substance, he admitted it to be the contraband substance hashish (Charas).

3.5 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 cannabis (Charas). When such contraband substance Charas recovered from the accused was weighed with the weighing scale, the same was found to be 2 KG and 173 Grams. Hence, the present FIR.

4. Learned advocate Mr. H.D. Rajput appearing for the applicant has submitted that the so-called incident has occurred in the evening of 22.09.2023, for which, FIR has been lodged on the very same day i.e. on 22.09.2023 and in connection with the same, the applicant has been arrested on 22.09.2023 and since then, he is i