The NDPS Act imposes stringent requirements for bail in drug-related offenses, emphasizing societal safety over individual liberty when evidence of conscious possession exists.

ORDER :

Hasmukh D. Suthar, J.

1) RULE. Learned APP waives service of rule for the respondent-State.

2) The present successive bail 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.11192050210302 of 2021 registered with Sanand Police Station, Dist. Ahmedabad Rural, for the offence under Sections 8 (c), 20(b)(ii)(C) and 29 of the NDPS Act.

2.1) At the outset, It is worth to mention that though Hon’ble Supreme Court has given specific direction in the case of Kusha Duruka Vs. State of Orissa, Cr.A. No.303/2024 on 19.01.2024, more particularly in para 20, that it is mandatory to mention in the application filed for grant of bail, details and copies of the earlier orders passed in the earlier bail applications which have already been decided is required to be mentioned and annexed. On top of the bail application, it is to be shown/mentioned for the convenience of the Court. However, in the present application, the applicant has neither mentioned the fact that a bail application was previously filed before the Hon’ble Apex Court, which was dismissed as withdrawn, nor has he annexed the order passed therein.

3) The applicant had earlier filed Criminal Misc. Application No. 17302/2024 for regular bail before this Court, which came to be dismissed by assigning reasoned order. The said order was assailed before the Hon’ble Supreme Court of India by preferring Criminal Leave to Appeal (Cri.) No. 4075/2025 which also came to be dismissed as withdrawn vide order dated 24.03.2025, wherein it has been observed as under:-

“1. Petitioner challenges the judgment and order dated 18-12-2024 in R/Criminal Misc. Application (For Regular Bail – After Chargesheet) No.17302/2024 passed by the High Court of Gujarat at Ahmedabad, titled “Dipakbhai Satyanarayan Somani vs. State of Gujarat”.

2. After arguing for some time, learned counsel for the petitioner seeks permission of this Court to withdraw the present Special Leave Petition

3. Permission granted.

4. Accordingly, the Special Leave Petition is dismissed as withdrawn.”

Thereafter, without any change in the circumstances, the present successive bail application has been filed on the ground of delay.

4) The case of the prosecution is that the accused persons named in the FIR got caught red-handed with 154 kg 562 gram of contraband (Ganja) worth Rs.15,45,620/-. In this regard, the FIR came to be filed. After investigation, charge-sheet was filed, wherein the present applicant is shown as accused No.3. The charge-sheet has culminated into Special NDPS Case No.22 of 2021 which is pending.

5) Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Investigation is over and chargesheet has been filed. There are approx. 30 witnesses and therefore, no possibility to conclude the trial in near future. It is also submitted that, he was neither in exclusive physical possession of the contraband nor involved in financing or direct trafficking. No any money trail was found showing any financial gain. He has no past antecedent of similar type of offence.

6) It is further submitted that, he is behind bar since 15.06.2021 and trial is delayed and due to this reason, he has filed present successive bail application on the ground of delay. Nothing is required to be recovered or discovered from the present applicant. Further, he has submitted that yet the trial has not commenced and he has mainly argued that though charge-sheet is filed in December, 2021, the trial