In cases involving commercial quantities of narcotics, bail is the exception rather than the rule. Courts must strictly apply the twin conditions of satisfying themselves regarding the accused's innocence and the lack of risk of re-offending, and possession is interpreted to include knowledge and intent.

JUDGMENT :

Hasmukh D. Suthar, J.

1) RULE. Learned APP waives service of rule for the respondent State.

2) The present application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No. 11993007250196 of 2025 registered with B Division Gandhidham Police Station, Dist. Kachchh, for the offence under Sections 8(c), 20(b) and 29 of NDPS Act.

3) Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Investigation is over and chargesheet has been filed. He is in custody since 25.02.2025. Nothing was found from conscious possession of the applicant. The applicant has no criminal antecedents. It is submitted that the applicant had merely visited the Blue Dart Courier office for the purpose of receiving a consignment and, thereafter, left the premises. Except his visit at the courier office, there is no material to establish that the applicant had any knowledge of the alleged contraband substance. However, on the basis of mere presumption and suspicion, the applicant has been falsely implicated in the present offence. Considering limited role attributed to the applicant, the absence of any criminal antecedents, and the facts and circumstances of the case, it is respectfully prayed that the applicant be enlarged on regular bail on such terms and conditions as this Hon’ble Court may deem fit and proper.

4) Learned APP appearing on behalf of the respondent–State has opposed the present application and submitted that the applicant is facing serious charges involving trafficking of narcotic drugs. It is contended that the material collected during the course of investigation clearly establishes the applicant's involvement in the alleged offence. It is further submitted that, if released on bail, there is a likelihood that the applicant may again indulge in similar criminal activities. Learned APP further submitted that, with full knowledge of the contraband parcels, the applicant had visited the courier office to collect the parcels. However, when he was asked to furnish his GST number, he left the premises. Thereafter, on the basis of technical analysis and investigation, the Investigating Officer traced and apprehended the applicant. It is also submitted that the contraband seized in the present case falls within the category of commercial quantity. The samples were examined by the Forensic Science Laboratory (FSL), and the analysis report confirmed that the substance contained in all seven parcels was Ganja. Therefore, according to the prosecution, a prima facie case is made out against the applicant. Considering the gravity and seriousness of the offence, learned APP submitted that the present application does not deserve to be entertained and deserves to be rejected.

5) Upon perusal of the investigation papers and charge-sheet, it appears that on 24.02.2025, the complainant informed the police that seven suspicious parcels were lying at their office. The suspicion arose because the person who had come to collect the parcels became frightened and left without taking them. Thereafter, the investigating team checked the parcels and found that they contained a total of 140.600 kg. of contraband Ganja. Consequently, an offence under Sections 8(c), 20(b), and 29 of the NDPS Act was registered against the applicant, who had come to collect the parcels, and Karan @ Shyam, who had allegedly ordered them. During the course of investigation, it was revealed that the