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HIGH COURT OF GUJARAT
MRM
FAISAL ALLARAKKHA KACHRA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(M. R. MENGDEY, J.)
1. This application is filed under Section 439 of the Criminal Procedure Code, 1973 for regular bail in connection with F.I.R. No.11210050240845 of 2024 registered with Rander Police Station, District Surat, for the offences punishable under Sections 8(c), 22(b) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Learned advocate for the applicant has submitted that the applicant has been arrested in connection with the present offence on 24.06.2024 and since then the applicant is in custody. The investigation qua the present offence is over and Charge-sheet is also filed. As per the case of prosecution, the applicant was found in conscious possession of contraband substance mephedrone worth 16.850 gms and the quantity involved in the present offence is intermediate quantity. Therefore, riguors of Section 37 of NDPS Act would not apply to the facts of the present case. He has, therefore, submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. The learned APP appearing for the respondent State has vehemently submitted that the applic
The court denied bail based on the applicant's habitual offending and the serious nature of the allegations under the NDPS Act.
The court ruled that bail may be denied based on the seriousness of the allegations and the applicant's history of offenses under drug laws, emphasizing the need for substantive evidence beyond corro....
The central legal point established in the judgment is the interpretation of 'reasonable grounds' for granting bail under Section 37 of the NDPS Act and the determination of commercial quantity based....
Conscious possession of contraband established; breach of procedure insufficient for bail under NDPS Act.
Successive bail applications require a change in circumstances; habitual offenders under the NDPS Act face stricter scrutiny for bail.
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.
Prolonged detention under NDPS Act violates Article 21 rights, allowing bail despite statutory restrictions when trial delays and co-accused releases justify constitutional override.
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