The court held that since the quantity of contraband recovered from the applicant was intermediate, the stringent conditions of Section 37(1)(b)(ii) of the NDPS Act did not apply, justifying the grant of regular bail after the charge-sheet was filed.

ORAL ORDER

1. Heard learned Senior Advocate Mr.I.H. Syed with learned Advocate Ms. Shreya Ojha 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. 11191011240295 of 2024 registered with D.C.B. Police Station, Ahmedabad City, for the offence punishable under Sections 8(C), 21(C) and 29 of the NDPS Act .

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

i. Allegation being that the accused had transacted in prohibited contraband Mephedrone weighing 256 grams approximately in total.

ii. It would appear in this regard that based upon a secret information, the Investigating Officer had raided a premises, not belonging to the present applicant, and whereas six persons were found at the spot and whereas various quantities of the contraband were found with each of the said accused, which total to 256.860 milligrams.

iii. As against the same, it would appear that from the possession of the present applicant approximately 5.120 milligrams of the contraband substance was recovered.

iv. While the present is stated to have 07 antecedents, yet, it would appear that none of the antecedents are under the NDPS Act .

v. This Court has also considered the fact that the present applicant is in custody since 20.11.2024, the charge-sheet having been laid and since the quantity of the contraband recovered from the conscious possession of the applicant is intermediate, the rigors of Section 37(1)(b)(ii) of the NDPS Act would not come into play.

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 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.

8. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11191011240295 of 2024 registered with D.C.B. Police Station, Ahmedabad City, on e