Successive anticipatory bail applications require a change in circumstances; otherwise, they may be dismissed due to the serious nature of the offence and need for custodial interrogation.

ORDER :

(HASMUKH D. SUTHAR, J.)

1. By way of the present successive pre-arrest bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11191021240422 of 2024 registered with Gaekwad Haweli Police Station for the ofences punishable under Sections 8(c), 21(c) and 29 of the Narcotic Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act for short).

2. Rule. Learned APP Mr. Patel waives service of Rule for the Respondent State.

3. Learned counsel for the applicant submitted that the applicant is completely innocent and has not played any role in the alleged offence. He has been falsely implicated in the present case. It was further submitted that the accused No. 1 is involved in the illegal sale of cough syrup in the Jamalpur area. A raid was carried out at the residence of the accused No.1, during which a total of 197 bottles of cough syrup containing codeine were seized, and an offence was registered against him. During the investigation, other accused individuals are sought to be implicated based on the statement of the accused No.1. Therefore, the present applicant apprehends that he may be arrested in connection with the offence solely on the basis of the co-accused's statement. The applicant submits that he is unaware of the activities carried out by the other accused and has been implicated without any incriminating material against him. The applicant is a license holder for stocking medicines and possesses a registered GST number. Additionally, the contraband seized from accused No. 1 has no nexus with the applicant, and he has not been found in possession of any illegal substances. No recovery or discovery has been made from the possession of the applicant. The applicant contended that his implication in the offence is based solely on the statement of the co- accused. The charge-sheet has been filed in the present case, which is registered as NDPS Case No. 93/2024. The applicant is ready and willing to abide by any conditions imposed by this Court, and he submits that he cannot be implicated in the offence merely based on the statement of the co-accused. Besides, the applicant is available during the course of investigation and will not flee from justice. He is ready and willing to join the investigation. In view of the above, the applicant may be granted successive anticipatory bail.

4. Learned Additional Public Prosecutor, appearing on behalf of the respondent-State, has opposed the grant of successive anticipatory bail, considering the nature and gravity of the offence. It is submitted that the applicant had previously filed an anticipatory bail application being Criminal Misc. Application No. 2623 of 2025, which was not pressed on 05.02.2025. Since then, there has been no change in the circumstances of the case. The learned APP has submitted that 197 bottles of cough syrup, worth Rs. 36,445/-, were recovered from accused No.1 and these contraband substances were sold to accused No. 2, and all the accused are involved in the offence for personal gain. The present applicant is accused of purchasing the contraband without authorization, and in collusion with the co-accused, is engaged in illegal trade. Therefore, it is submitted that the present application may be rejected, especially since the applicant has yet to be arrested and is involved in a serious offence. Hence, as custodial interrogation of the applicant is required, he has requested to dismiss the present application.

5. This Court has heard learned counsel for both the sides and considered the material placed on record.

6. At the outset, it is apposite to mention that earlier, the present applicant filed Criminal Misc. Application No. 300 of 2025 before the learned City Civil & Sessions Court, Ahmedabad, which was rejected by an order dated 20.01.2025. Being aggri