ORAL ORDER

1. Heard learned advocate Mr. Daksh Solanki for learned advocate Mr. D.V. Mavadhiya appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Hardik Mehta, appearing on behalf of the respondent-State.

2. Rule. Learned APP waives service of rule on behalf of the respondent-State.

3. 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. 11203038240407 of 2024 registered with Mangrol Police Station, Junagadh, for the offence punishable under Sections 8(C), 22(B) and 29 of the NDPS Act.

4. Learned advocate for the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that charge-sheet is filed, 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.

7. As against the same, learned Additional Public Prosecutor appearing for the respondent – State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

i. The allegation in the FIR being that the accused had transacted in contraband mephedrone weighing around 23 gms.

ii. The allegation against the applicant was that he had supplied the contraband in question.

iii. The allegation based upon the statement of the co- accused and whereas, beyond the statement of the co-accused, there does not appear to be any material whereby, the role of the present applicant is coming out.

iv. It also appears that the applicant being in custody since 20.01.2026 and the charge-sheet having been filed, even thereafter, there is no particular material.

v. While, the learned APP has stressed upon the applicant having 6 antecedents more particularly, one antecedent under the NDPS Act yet, considering the limited material against the applicant, and also having regard to the fact that the contraband was not found in conscious possession of the applicant and was of intermediate quantity, this Court is inclined to allow this application.

This Court has taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.

7. In the facts and circumstances of the case and considering the nature of the allegations made against in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

8. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11203038240407 of 2024 registered with Mangrol Police Station, Junagadh, on executing a bond of Rs.1,00,000/- (Rupees One Lakhs only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the Union of India without prior permission of the Sessions Court concerned;

[e] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residen