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

AFTER CHARGESHEET) NO. 3513 of 2026 ==========================================================

MAHEMUDMIYA @ SALIM ABDULRASHID ANSARI Versus STATE OF GUJARAT ==========================================================

Appearance:

MR MUSAIB I SHAIKH(10565) for the Applicant(s) No. 1 MR MEET THAKKAR, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 13/02/2026

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 C.R. No. 11191011230205 of 2023 registered with DCB Police Station, Ahmedabad for the offences punishable under Section 8(C), 21(C) and 29 of the NDPS Act.

2. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.

Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State.

3. Learned advocate for the petitioner submits that the petitioner has been arrested in connection with the present offence on 20.07.2023 and since then he is in custody. There is no progress in the trial. The incarceration of the petitioner amounts to pre-trial conviction, he therefore submitted to allow the present application and enlarge the applicant on bail subject to suitable conditions. Learned Advocate for the Applicant has also submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

4. Per contra, learned APP has opposed the present application for grant of regular bail contending that the applicant had earlier preferred Criminal Misc. Application No. 11483 of 2025 which was dismissed by this Court vide order dated 17.06.2025, while dismissing the said application this Court has made the following observations:-

"5. This Court has considered the submissions canvassed by learned advocates for the parties and has also perused the material placed on record. From the record it appears that upon being intercepted by the police authorities, the present applicant was found in conscious possession of the contraband substance of Mephedrone worth 55 grams, which is a commercial quantity and therefore the rigours of Section 37 of the NDPS Act would come into play."

Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the Application may be dismissed.

5. Heard learned Advocates for the parties and perused the record. The investigation is over and charge sheet is filed. The said order was carried by the applicant to the Apex Court whereby those proceedings were also withdrawn vide order dated 24.09.2025 thus, the order passed by this Court has attained finality.

6. So far as the aspect of delay is concerned, in view of the recent judgment of the Apex Court in case of Union of India Vs. Vigin K. Varghese, in the cases where the quantity of the contraband substance involved is commercial in nature the delay in trial cannot be the ground for grant of bail. Having regard to these aspects, no case is made out. The application stands dismissed. (M. R. MENGDEY,J)

SAKSHI MAURYA