JUDGMENT :

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent No.1 and learned advocate Mr. Kartik Pandya waives service of notice of rule for and on behalf of the respondent No.2.

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.05 of 2021 (CR No.NCB/AZU/CR NO.-06 of 2022) registered with the ATS Police Station, Ahmedabad of the offence punishable under Sections 8 (C ), 21(c ), 23 (c), 25, 27 (a), 28, 29, 35 and 54(a) of the NDPS Act.

3. The factual matrix in the instant case, as submitted by the prosecution, is as under:

3.1 On 14.11.2021, when the complainant along with the other police personnel were on duty at the A.T.S Office, at that time at around 12:30 hours, Superintendent of Police Mr. K.K. Patel received a tip-off that one Mukhtahussain @ Jabbar Jodiya Noormamad in company with his uncle Isha Rav and his punter Gulmahussain Umar Bhagad have brought the cache of contraband substance heroin from Pakistan through seaway and kept the same hidden at the newly constructed house situated near the house of one Samsuddin