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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
BIJU PRAMOD MAHANADIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. RULE. Learned APP waives service of rule for the respondent-State.
2. The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11994001240511 of 2024 registered with Ahmedabad Railway Police Station, Ahmedabad City for the offences under Sections 8(C), 20(b)(ii)B and 29 of the Narcotic Drugs and Psychotropic Substances Act.
3. Learned advocate appearing on behalf of the applicant submits that applicant was caught red handed along with co-accused jointly with 16.255 kg of Ganja while he was transporting the said contraband in Puri-Gandhidham Train and said quantity is intermediate quantity and therefore, rigors of section 37 of the NDPS Act would not be applicable in the present case. Further, the charge-sheet has been filed and therefore also, nothing is required to be recovered or discovered from the present applicant. Similarly situated co-accused is enlarged on bail by this Court. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions on the ground of parity.
4. Learned AP
The court emphasized that bail is the rule and jail is the exception, particularly when the accused has no prior criminal record and the charges do not warrant stringent bail conditions.
The court emphasized that bail is a rule and jail is an exception, particularly when the accused is not charged with a serious offence and has been in custody for an extended period.
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