The court denied bail based on the applicant's habitual offending and the serious nature of the allegations under the NDPS Act.

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 applicant is having another antecedent for the offence punishable under the provisions of NDPS Act and in the present offence also, the applicant was found in conscious possession of contraband substance. He has further submitted that the allegations against the applicant, are serious in nature and looking to the facts as well as the allegations made against the applicant, no discretion should be exercised.

4. Heard learned advocates for the respective parties and perused the documents produced on record. From the record it appears that when the police personnel were performing their duty, the applicant herein had tried to escape from the place having seen the police. The applicant was however apprehended by the police and was found in possession of contraband substance mephedrone worth 16.850 gms. Indeed the quantity of contraband substance involved in the present offence is an intermediate quantity. However, the record indicates that a day prior to registration of the present F.I.R., another offence came to be registered with D.C.B. Police Station, Surat City for an offence punishable under the provisions of NDPS Act and two persons were found possessing contraband substance mephedrone worth 253 gms and their interrogation revealed that the said substance was to be delivered to the present applicant for the purpose of retail sale. Thus, the applicant was implicated in the said offence also. The record indicates that the applicant is a habitual offender who is used to commit similar such offences. The applicant also appears to be involved in the activity of retail sale of the contraband substance.

5. Having regard to the aforesaid aspects, this Court is not inclined to exercise discretion in favour of the applicant. The application is dismissed.