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HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
PARTH DEVKUBHAI MAKWANA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. The applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for enlarging the applicant on Regular Bail in connection with FIR being C.R. No.11208045240624 of 2024 registered with Malviyanagar Police Station, District: Rajkot City for the offences punishable under Sections 8(C), 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act.
2. Heard learned advocate Mr. A.S. Timbalia for the applicant. Learned advocate for the applicant submitted that the investigation of the offence is over and charge-sheet is filed. He submitted that the present applicant has been falsely implicated in the present offence since he was found in the company with the other co-accused and both, the present applicant and the other co-accused were found in joint possession of the contraband substance of Mephedrone worth 98 grams. He further submitted that the case of prosecution is not beyond a reasonable doubt as there are several doubts in the case of prosecution and benefit of which would go to the present applicant. The investigating agency had also committed a breach of the standing order issued by the Central Government with regard to
Conscious possession of contraband established; breach of procedure insufficient for bail under NDPS Act.
Procedural lapses in drug-related cases can justify bail, especially in light of the defendant's clean record and compliance issues with statutory requirements.
Prolonged incarceration and incomplete trial justify granting bail under the Narcotic Drugs Act, subject to conditions.
The court ruled that the inapplicability of Section 37 of the NDPS Act due to the contraband being below commercial quantity justified granting bail under Section 439 of the Cr.P.C.
The court emphasized that under Section 37 of the NDPS Act, bail is not permissible for offences involving commercial quantities unless reasonable grounds for belief in innocence are established.
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