IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -

AFTER CHARGESHEET) NO. 25900 of 2025 ==========================================================

PARTH RAJESHBHAI PATEL Versus STATE OF GUJARAT ==========================================================

Appearance:

MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1 MS. MEGHA CHITALIYA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 12/12/2025

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.11995001250015 of 2025 registered with State Monitoring Cell Police Station, Gandhinagar for the offences punishable under Sections 8(c), 22(c and 29 of the Narcotics Drugs and Psychotropics Substances Act, 1985.

2. Heard learned Advocate appearing for the applicant. He submitted that earlier the applicant had preferred Criminal Misc. Application No.18120 of 2025 which was withdrawn by the applicant from this Court on 17.09.2025 as investigation was in progress at the relevant time. Now, the investigation is over and charge-sheet has been filed. As per the case of prosecution, the applicant was found in conscious possession of the contraband substance of Mephedrone worth 19.150 grams which is an intermediate quantity. The applicant is in habit of consumption of the said substance, and therefore, the substance which was found from the possession of the applicant, was for self- consumption. It was not for any commercial purpose. He further submitted that the medical case papers of the present applicant produced on record indicates that the applicant was in habit of the consumption of the substance in question. He, therefore, submitted to allow the present application and enlarge the applicant on bail subject to suitable conditions.

3. Learned APP has opposed the present application contending that the applicant along with other co-accused was found in conscious possession of the contraband substance of Mephedrone. The quantity of the substance recovered from both the accused was around 97 grams which is a commercial quantity, and therefore, the rigors of Section 37 of the NDPS Act would come into play.

He, therefore, submitted to dismiss the application.

4. Heard learned Advocates for the parties. As per the case of prosecution, the Police authorities had received secret information that the applicant and the other co-accused were moving in two separate cars for the purpose of retail sale of contraband substance. On the basis of the said information, the cars mentioned in the secret information were intercepted by the Police authorities and the applicant and the other co-accused were found present in two different cars and the contraband substance of Mephedrone worth 19.150 grams was recovered from the possession of the present applicant whereas 78.830 grams of the contraband substance of Mephedrone was recovered from the other co- accused. The record further indicates that the applicant was also found in possession of an electronic weighing scale which indicates that the applicant and the other co-accused were out to sell the contraband substance in retail in the market. Thus, the arguments advanced on behalf of the applicant that the applicant had possessed the said substance for self-consumption, does not appear to be prima-facie true. Moreover, the total quantity of the contraband substance involved in the offence is a commercial quantity, hence the rigors of Section 37 of the NDPS Act would come into play. Having regard to these aspects, no case is made out. Hence, the present application is hereby dismissed.

(M. R. MENGDEY,J)

RAVI OZA