IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 26790 of 2025 ==========================================================

DINESHBHAI @ DINYO ALLABHAI DHRUV Versus STATE OF GUJARAT ==========================================================

Appearance:

VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1 MR.SOAHAM JOSHI, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI Date : 13/03/2026

ORAL ORDER

1. The applicant herein who came to be arrested by ATS Police Station, Ahmedabad, has preferred the present bail application under Section 483 of the BNSS, 2023. The applicant is alleged to have committed the offense under Sections 8(c), 21(c) and 29 of the NDPS Act, for which, the FIR came to be registered vide C.R.No.III-05 of 2022. The applicant has been named as accused no.4 in the FIR.

2. The applicant by way of this application has submitted that, he is innocent and has not committed any offense. The contraband 2,25,053 gms of Mephedrone valued at Rs.11,25,26,50,000/- was allegedly recovered from the premises of the Nector Chemical factory, which is neither owned nor controlled by him. The Investigating Officer has neither recovered nor discovered anything from him. The only allegation against the applicant is based upon the disclosure statement of the co-accused, who had revealed during interrogation that, the manufactured contraband was supplied to many persons, including the applicant. It is further mentioned that, the statutory presumptions under Sections 35 and 54 of the NDPS Act, are not attracted. Though it is the case of the prosecution that, the accused no.7 has sent Rs.32,45,552/- to the applicant through Aangadiya firm, there is no direct material showing nexus of the money with the contraband, and the said accused no.7 has been granted bail by the Sessions Court. The applicant has mentioned in his application that, the procedure under Section 52A of the NDPS Act pertaining to drawing of the samples of the contraband has not been followed by the Investigating Officer.

3. Accordingly, the applicant has prayed to allow his application and grant him regular bail considering that investigation is completed and charge-sheet is filed.

4. Heard learned advocate Mr.Vishal Aanandjiwala with learned advocate Mr.Y.K.Dave for the applicant and learned APP Mr.Soaham Joshi for the respondent-State.

5. At the outset, the ATS Police Station at Ahmedabad, had received a secret information about Mephedrone being manufactured in a factory situated between Vadodara and Anand, by persons named Mahesh Dhoraji and Dinesh Jamnagar. Accordingly, Mahesh Dhoraji was called for interrogation, wherein, he had disclosed that Piyush Ashokbhai Patel, Rakesh Narsinhbhai Makani, Vijay Odhavji Vasoya, and Dilip Vaghasiya were manufacturing Mephedrone in a company named Venture Pharmaceuticals Private Limited, situated at Saykha GIDC at Bharuch. It was further revealed that, the present applicant as well as Ibrahim Hussain Odiya, his son Baba Ibrahim Odiya and Javed from Rajasthan, were selling the said Mephedrone. The said Nector Pharmaceuticals were raided by the police, from where, 2,25,053 gms of Mephedrone amounting to Rs.11,25,26,50,000/- along with Rs.14,00,000/- in cash, was seized by the police.

6. At the outset, the role of the applicant is pertaining to the sale of Mephedrone, which was manufactured in Nector Pharmaceuticals company. It is also revealed that, co-accused Ibrahim Hussain Odiya and Baba Ibrahim Odiya has purchased 200 kg of Mephedrone from the present applicant, who was paid Rs.32,45,550/- through P.M.Aangadiya. The I.O. has recorded the statement of one Chiragbhai Hasmukhbhai Sachdeva, who is the owner of said Aangadiya firm, who has affirmed the fact that, the said amount which was sent for the applicant was paid by their firm to him. It is also revealed from the affidavit of