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HIGH COURT OF GUJARAT
A.Y. KOGJE, J
RUBINA BARKATALI @ ALI SHAIKH – Appellant
Versus
STATE OF GUJARAT – Respondent
CRIMINAL MISC.APPLICATION NO. 14309 of 2022
For the Appellants/Petitioners: MR SHITAL D CHITARIA
For the Respondents: MR. HARDIK SONI, APP
The court denied bail based on the applicant's significant involvement in drug trafficking, established by substantial evidence indicating her role, and her prior history of absconding.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8 (c), 20(b), and 29 - Application for bail - The applicant contested accusations of involvement in drug trafficking, asserting insufficient evidence against her while the prosecution established the serious nature of the offence, including a substantial quantity of narcotics - Prior applications for bail were previously withdrawn - Court considered the risk of absconding and gravity of the allegations in refusing bail. (Paras 1, 3, 4, 9)
(B) Bail - Criteria for granting bail - The applicant's role in the offence, the nature of misconduct, potential flight risk, and prior bail history are critical to the consideration of bail applications, emphasizing a need to uphold public safety and deter drug-related crimes. (Paras 8, 9)
Facts of the case:
The applicant has been jailed since 20.07.2020, accused of trafficking methamphetamine. Evidence indicates her complicity through transportation arrangements and presence with co-accused during the operation. Prosecution outlined the recovery of significant narcotics quantities and emphasized procedural violations in prior arrests.
Findings of Court:
The court found the evidence against the applicant compelling and noted her participation in a serious drug offence justifying the denial of bail.
Issues: The primary consideration was whether the applicant should be granted bail, factoring in her potential risk of fleeing from prosecution.
Ratio Decidendi: The court determined that the gravity of the crime and the applicant's flight risk outweighed the arguments for her release on bail, notably given her prior history of absconding.
Result: The application for bail was dismissed.
| Table of Content |
|---|
| 1. bail application context and arguments. (Para 1 , 2) |
| 2. state's opposition on bail based on crime's nature. (Para 3) |
| 3. court's considerations on applicant's role and drug issues. (Para 4 , 5 , 6 , 7 , 8) |
| 4. final judgment and reasoning for bail denial. (Para 9) |
ORDER
1. The present successive application is filed under Section 439 of the Code of Criminal Procedure, 1973 , for regular bail in connection with CR No.11191011200077 of 2020 registered with DCB Police Station, Ahmedabad for offence under sections 8 (c), 20(b) and 29 of the NDPS Act.
2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
2.1 Learned Advocate for the applicant submitted that the applicant is a lady accused and is in jail since 20.07.2020. It is submitted that she is falsely implicated in the offence. It is submitted that there is no prima facie case against the applicant.
2.2 It is submitted that at no point of time, the applicant was having knowledge that contraband substance was in possession of her husband.
2.3 It is submitted that basic procedure under the NDPS Act is violated. It is submitted that the panch witnesses were also not present when panchnama was carried out. The IO has carried out wrong panchnama.
2.4 It is submitted that contraband substance has not been recovered from the possession of the applicant. It is submitted that looking to the deposition of witnesses, it appears that they have not supported case of the prosecution and case against the applicant is only based on suspicion.
2.5 It is submitted that the applicant is having girl child aged 7 years and practically, there is body to look after her girl child.
3. As against this, learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
3.1 It is submitted that the applicant has played vital role in commission of offence and 342.374 gms. of Methamphetamine Drug worth Rs.34,23,740/- is recovered. It is submitted tat the applicant is wife of main accused and all throughout was present with her huaband.
3.2 It is submitted that the applicant is resident of State of Maharashtra and it is all likelihood that she may not be available during trial and may jump the bail.
4. Having heard learned Advocates for the parties and having perused documents on record, it appears that the offence is committed, where on 20/07/2020 at 01/00 hours, all three accused persons (1) Barkatali @ Ali, son of Rahematulla Shaikh (2) Rubina W/o Barkatali @ Ali Shaikh (Applicant) (3) Alimohammad Shafi Shaikh, were transporting illegal stock of methamphetamine weighing 342.374 gm. worth Rs.34,23,740/- from Mumbai in a car No.MH.04.HX.8211 of their possession and stayed in the room No.112 of the Silver Spring Hotel, situated near the Shahalam Tollnaka, for delivering the same to the accused (4) Shahnavaz @ Shanu s/o Alamkhan Pathan. On the basis of the information received regarding the same, the Police Inspector Shri H.M. Vyas of this Branch raided the Hotel, he found (1) illegal stock of methamphetamine weighing 342 grams and 374 m.g. worth Rs.34,23,740/- (2) Rs.29700/- cash found in the frisking (3) Mobile phones 4 units. worth Rs.19,500/- (4) Nissan Datsun Ready Go car No.MH.04.HX.8211 valued Rs.3,00,000/- (5) R.C. book-1 worth Rs.00/00 (6) 3 Copies of Adhar Card worth Rs.00/00 (7) Driving License-1 worth Rs.00/0 (8) PAN card (9) Copy of the extract of the Hotel register-1 (10) Black color handbag. Upon searching at the house of the accused Shahnawaz @ Shanu Alamkhan Pathan, accompanied by these three accused persons, from his flat (11) cash Rs.4,16,000/- (12) weighing scale of mobile size-01 worth Rs.200/- (13) small zip lock bags 120 units. (14) photo copy of the ration card-01 of the accused Shahnawaz Alamkhan (15) clothe bag-1, total muddamal worth Rs.42,19,140/- was found. As this
