ORAL ORDER

1. Heard learned advocate for the applicant and learned APP for the respondent – State.

2. Rule. Learned APP waives service of notice of rule for and on behalf of respondent – State.

3. The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R.No. 11203030210879 of 2021 registered with Keshod Police Station, Dist. Junagadh for the offence punishable under Sections 8C, 15 & 29 of the NDPS Act.

4. It is the submission of learned counsel for the applicant that he is suffering confinement since 30.09.2021. Hence, further detention of the applicant is unwarranted.

5. Learned APP has opposed the bail application contending that, considering the conduct of the applicant and nature of accusation, the discretion may not be exercised in favour of the applicant.

6. Upon bare perusal of the chargesheet case papers and materials available on record, it appears that the contraband substance posh doda weighing 5.420 kgs found from conscious possession of the applicant herein, which is intermediary quantity. Therefore, prima facie, embargo of Section 37 of the NDPS Act would not be applicable in