The court ruled that the seriousness of narcotic offenses under the NDPS Act warrants stringent scrutiny of bail applications.

ORAL ORDER

1. The applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 for enlarging the applicant on regular bail in connection with FIR being CR. No.III-04 of 2024 registered with ATS Police Station, Ahmedabad city for the offences punishable under Sections 8(c), 21(c) and 29 of the Narcotics Drugs and Psychotropics Substances Act , 1985.

2. Heard learned Advocate Mr. B. H. Sethna appearing for the applicant. He submitted that the applicant has been arrested in connection with the present offence in the month of August 2024. The investigation of the offence is over and charge-sheet is filed. As per the case of prosecution, the Police authorities had recovered the contraband substance of Mephedrone worth 31 kgs from the factory premises of the co-accused and the said co- accused had given 2 kgs of Mephedrone to the present applicant and the other co-accused for sell. On the basis of this information, the Investigating authority had raided Flat No.308, Ismail Mansion, Bhiwandi, Maharashtra and 10 kgs of solid Mephedrone and 781 kgs of liquid Mephedrone was recovered from the said flat. As per the case of prosecution, the flat was under the occupation of the present applicant and the other co- accused who happens to be the brother of the applicant. However, there is no material available on record to indicate that the flat in question was occupied by the present applicant. He further submitted that the samples were not appropriately drawn out of the substance which was recovered from Bhiwandi, Maharashtra. The investigating agency instead of producing the substance before the nearest Magistrate for drawing samples, had drawn the samples by itself and had produced those samples before the Magistrate at Surat. No spot examination of the contraband substance was carried by the Investigating agency. Thus, the procedure of seizure is not foolproof. There is no material connecting the present applicant with the offence in question except the statement of the co-accused. He further submitted that there is contradiction in the case of prosecution as regards recovery of the contraband substance from the place given at Maharashtra. In one place, it comes that during the remand of the co-accused, the information received by the Investigating agency as regards the applicant having obtained the contraband substance from the co-accused and on the basis of the said information, the raid was carried out at the premises at given been whereas at the other place, it is mentioned that the Dy.S.P. of ATS had received a secret information about the contraband substance being concealed at Bhiwandi. He, therefore, submitted to allow the present application and enlarge the applicant on bail subject to suitable conditions.

3. The application is opposed by learned APP contending that the contraband substance of Mephedrone in a huge quantity was found from the premises which was under the occupation of the present applicant. He, therefore, submitted to dismiss the application.

4. Heard learned Advocates for the parties. From the record, it appears that the Police authorities had received a secret information about an activity of manufacture of Mephedrone being carried out at the Darshan Industrial Estate situated at village Kareli, Taluka – Palsana, Surat. On the basis of the said information, raid was carried out by the Police authorities and solid Mephedrone worth 4 kgs and liquid Mephedrone worth 31.209 kgs was seized from the said industrial estate. The investigation further revealed that the activity of manufacture of contraband substance Mephedorne was going on in the said premises since quite some time and 35.450 kgs of Mephedrone was manufactured in the said premises earlier also, out of which 24.450 kgs was supplied to the other co-ac