ORAL ORDER

1. Heard learned advocate Mr. Ronith Joy appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Trupesh Kathiriya, 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. 11214020230934 of 2023 registered with Kamrej Police Station, Surat, for the offence punishable under Sections 8(c), 20(b)(ii)(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 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. Allegation being that the present applicant was involved in transacting contraband cannabis weighing around 333 kgs, i.e., much above the commercial quantity.

ii. The case against the present applicant being that he was one of the persons who had delivered the contraband from Orissa to Surat, where it was seized from the conscious possession of a co-accused.

iii. It would appear that beyond call detail records, there is nothing much whereby, the present applicant is being attributed the role as mentioned by the Investigating Officer.

iv. It would also appear that the co-accused Bikas, who had also been alleged with identical role as the present applicant having been granted regular bail by learned Co-ordinate Bench vide order dated 13.02.2025 in Criminal Misc. Application No. 23422 of 2024.

v. This Court has also considered the fact that the present applicant has been in custody since 16.04.2023, is aged around 28 years without any past antecedents, whereas, considering the above, to this Court it would appear that the requirement under Section 37(1) (b)(ii) of the NDPS Act being fulfilled , this Court is inclined to consider this application.

vi. This Court has also taken into consideration that only one witness has been examined till date in the trial.

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. 11214020230934 of 2023 registered with Kamrej Police Station, Surat, on executing a bond of Rs.50,000/- (Rupees Fifty Thousand 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