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NEUTRAL CITATION

R/CR.MA/10455/2026 ORDER DATED: 04/05/2026

0.17506296555608047

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE

CHARGESHEET) NO. 10455 of 2026

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ASHWINBHAI @CHAKI RAMESHBHAI MAKWANA

Versus

STATE OF GUJARAT

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Appearance:

MR DIVYARAJ BARAD(10710) for the Applicant(s) No. 1

MR JK SHAH ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 04/05/2026

ORAL ORDER

1. Heard learned advocate Mr. Divyaraj Barad appearing on behalf of

the applicant and learned Additional Public Prosecutor Mr. J.K. Shah

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. 11192015260487 of

2026 registered with Changodar Police Station, Dist. Ahmedabad Rural, for

the offence punishable under Sections 8(C), 21(C) 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 contended that the

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NEUTRAL CITATION

R/CR.MA/10455/2026 ORDER DATED: 04/05/2026

0.17506296555608047

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, 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 being very serious inasmuch the accused are stated to

have transacted in contraband – Mephedrone, weighing around 64

Grams.

(ii) The fact of the present applicant not being the person from whose

conscious possession the contraband had been seized.

(iii) The present applicant having been named by the co-accused from

whose conscious possession, the contraband was found.

(iv)This Court has also perused the statement of the said co-accused,

more particularly the present being an application before charge-

sheet and whereas prima facie, it appears that the co-accused states

about the present applicant and other co-accused being friends and

being addicted to the substance i.e. Mephedrone.

(v) It also appears that present applicant had accompanied the said co-

accused along with two friends, where they had accompanied

Sanchor District, Rajasthan and whereas the co-accused had

purchased the contraband weighing around 100 grams for sum of

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NEUTRAL CITATION

R/CR.MA/10455/2026 ORDER DATED: 04/05/2026

0.17506296555608047

Rs. 1 Lakh and whereas even as per the statement of the co-

accused, it was decided amongst the friends that the substance

would be given to those persons, who would give money for the

same. The co-accused very specifically stating that before

distribution could take place, the investigating authority having

seized the same from the co-accused.

(vi) This Court has also considered the statement of the co-accused

wherein the co-accused inter alia alleges that the substance was

being purchased by the accused for the purpose of consumption

and whereas neither they were planning no