In narcotic offences, bail is only granted when it is proven that the accused is not involved with the contraband, with a stringent evaluation of public safety interests.

ORDER :

Hasmukh D. Suthar, J.

[1.0] RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat.

[2.0] By way of present successive application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant is seeking regular bail in connection with FIR being CR No.11195018240665 of 2024 registered with Dhanera Police Station, District Banaskantha for the offence under Sections 8 (C), 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “NDPS Act”).

[3.0] Heard learned advocate for the applicant and learned APP for respondent – State of Gujarat.

[4.0] Learned advocate for the applicant has submitted that the applicant is innocent and in the present case, charge-sheet is filed and nothing is required to be recovered or discovered from the present applicant. Further, the applicant is arraigned as accused only on the basis of statement of co-accused and applicant was not having any knowledge about the muddamal contraband. It is submitted that if the present applicant is not released even after filing of charge-sheet, then his future career will be ruined as he will have to be behind the bars with hardcore criminals. Further, co-accused having similar role has been considered by the coordinate Bench of this Court and therefore, even on the ground of parity, the applicant deserves to be enlarged on regular bail. It is submitted that commencement and conclusion of trial will take its own time as till date only two witnesses are examined and therefore, he has requested to grant regular bail to the applicant as no offence as alleged is made out against the present applicant.

[5.0] Learned APP has vehemently opposed the present application on the ground that applicant was well within the knowledge of the commercial quantity of contraband and accused No.1 is found with conscious possession of smack and alongwith present applicant he had gone to Rajasthan to purchase the said contraband muddamal. He had tasted and purchased the contraband smack from accused No.6 from Rajasthan and while returning, during the patrolling, police recovered the contraband muddamal however, as the present applicant was on motorcycle with co-accused, he managed to escape but he was aware of the contraband and he had tasted the muddamal which was in commercial quantity and he is used to consume and sell the contraband. Thus, prima facie involvement of the applicant is there and therefore, contraband in commercial quantity, rigors of section 37 of the NDPS would be applicable. Further, merely filing of charge- sheet is not a ground to grant bail to the applicant and therefore, she has requested to dismiss the present application.

[6.0] Present is a successive bail application seeking regular bail. Perusing the investigation papers, it appears that the case of the prosecution is that based on the intelligence, on 16.08.2024, Auto Rickshaw No.GJ-08-AX-0991 was intercepted and on checking the person of driver of said auto rickshaw – accused No.1, 256.890 gram i.e. commercial quantity of Heroin Morphin contraband worth Rs.12,84,540/- was found and accused No.2 was also traveling in the said rickshaw. It is further the case that the accused persons including the present applicant was involved in the commission of offence under the NDPS Act. It is the case of prosecution that the accused Nos.1 and 2 were caught red-handed with contraband and they had stated that they alongwith present applicant, as per the say of accused No.5 – Bharat Arjan Rathod, for his personal use and for selling by the present applicant and accused Nos.1 and 2, were carrying the contraband which was purchased from absconding accused No.6 – Tejabhai. Further, the applicant was apprehended by the police on Passion Pro Motorcycle which is of the ownership of accused No.5. He has submitted that the present applicant is not found with conscious possession of contraband but has admitt