IMPORTANT POINT
The severity of the allegations, potential threat to witnesses, and stage of the case are crucial factors in determining a bail application.

JUDGMENT :

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.11217030230060 of 2023 registered with the Siddhpur Police Station, Patan of the offence punishable under Sections 8(C), 22(B) and 29 of the NDPS Act.

3. In nutshell the allegations made in the complaint are that while the complainant along with other police staff were on patrolling duty on 19.01.2023, at around 22:30, they received a secret information from the reliable sources that one motorcycle- borne person will reach near Khadi cross-road at around 12:00 to 2:00 hours for delivering the contraband substance Mephedrone and the number of the motorcycle is GJ-21-R-5899, which information then reduced into writing and forwarded to the Superintendent of Police, Patan.

3.1 Thereafter, as the trap had to be arranged, Panchas were also called for and got acquainted with the inputs received by the police. Then, after following requisite internal search procedure, they left for the place under information.

3.2 After reaching there, they arranged a trap, and at around 00:25 hours, the vehicle under information, i.e, Honda Splendor bearing its registration No.GJ-21-R-5899 found to be entered into the limit of Patan and proceeded towards the Khadi cross-road and when reached to the road stretching towards Khadi village at Mehsana-Palanpur highway, stopped the bike near one car already standing over there and started talking with the person sitting in the car. At that time, all the members of the raiding party cordoned the said two persons and caught them.

3.3 Thereafter, the Police Inspector R.G. Unagar, S.G. Patan introduced himself as well as the other members of the raiding party to those two persons and upon asking about their names, the motorcycle-borne identified himself as Ghamdaram Kesaram Godaram (Jat Chaudhary) and the person got off from the car identified himself as Khorajiya Sadikbhai Sahidbhai. Then, both the accused got acquainted with the secret information of they being indulged in the trafficking of narcotic substance and necessary procedure as per the law had also been carried out.

3.4 Thereafter, upon personal search of Ghamdaram Kesaram Godaram being carried out, one plastic pouch of white coloured powder and one plastic pouch of yellow coloured powder was found from the pocket of his shirt, and upon asking about the same to him by the police, he admitted it to be Mephedrone. Upon personal search of another person as well as his car, nothing incriminating was found from him or from his car.

3.5 After that, the officers of the FSL also reached there and upon testing the suspicious substance found from the white coloured plastic pouch with the drug detection kit, the same tested positive for Mephedrone weighing 3.69 grams. Then, the substance found from the yellow pouch, upon being tested with the drug detection kit, tested negative for Mephedrone, however, the same was still strongly suspected to be narcotic substance, weighing 9.41 grams and thus the total weight of the contraband substance seized was 13.10 grams. When both the accused were further asked about the contraband substance, they admitted that Khorajiya Saudbhai Sahidbhai was the recipient of the drugs whereas Ghamdaram Kesaram Godara came to deliver the same to him which he obtained from one Bhavarlal. Hence, the present FIR.

4. Learned advocate representing the applicant-accused has submitted that the applicant-accused was arrested on 20.01.2023 and since then he is in jail. Learned advocate has also submitted that in the present case, investigation has already been completed and charge-sheet has also been filed. It is moreso submitted that this is the second round of litigation and the earlier bail application filed after submission of the charge-sheet was withdrawn unconditionally