0.2826345149414652

ORAL ORDER

1. Heard learned Advocate Mr. M.M. Barejia on behalf of the applicant and learned Additional Public Prosecutor Mr. Trupesh Kathiriya on behalf of the respondent-State.

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

3. The present applicant who has been arraigned as an accused has preferred 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.11192020250972 of 2025 registered with Dholka Town Police Station, Ahmedabad Rural for the offences punishable under Sections 8(c), 21(c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’) after filing of the charge-sheet more particularly the application preferred by the applicant having been rejected by the learned Trial Court.

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 since the 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.

5. 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. This Court has heard learned Advocates for the respective parties and perused the FIR including the charge-sheet papers as well as order passed by learned Session Court as well as affidavit filed by the investigating officer before the learned Trial Court. Following aspects are considered:

(i) The allegation being that the accused had transacted in prohibited contraband- cough syrup bottles containing Codeine Phosphate.

(ii) It appears that 349 bottles had been caught from the conscious possession of the present applicant.

(ii) Prima facie it would appear that the present applicant and the co-accused, who was working in a medical store, had conspired and were intending to sell the contraband in retail market.

(iii) The fact of the present applicant being in custody since 07.12.2025 and the charge-sheet having been laid by the Investigating Officer.

(iv) The fact of there being no antecedents against the applicant whatsoever.

7. 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

8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant 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.

9. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R.No.11192020250972 of 2025 registered with Dholka Town Police Station, Ahmedabad Rural on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousands 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 State of Gujarat without prior permission of the Sessions Court concerned;

[e] Mark his presence in the concerned