In a recent judgment by the Gujarat High Court, bail has been granted to the accused in the NDPS case filed by the State of Gujarat against [Accused Name]. The Court considered various factors, including the nature of the allegations and the lack of prior criminal record of the accused. Find out more about the significant ruling in this case.
Facts
- Learned APP waives service of notice of rule for respondent – State of Gujarat.
- The present application is filed under Section 439 of the Code of Criminal Procedure, 1973.
- The bail application is in connection with FIR C.R. No.11205013220607/2022 registered at Mankuva Police Station.
- The offences mentioned in the FIR are punishable under Sections 8(C), 22(c) and 29 of the NDPS Act.
Arguments
- The role of the present applicant is clearly spelt out from the papers of the chargesheet.
- No antecedent reported against the applicant.
- Nature of the offence is considered for granting bail by imposing suitable conditions.
- Opposition to regular bail by the learned APP for the respondent-State based on the nature and gravity of the offence.
- FIR lodged against 4 accused, applicant shown as accused no.2.
- Incident took place between 16.12.2022 to 17.12.2022, FIR lodged on 17.12.2022, and applicant arrested the same day.
- Applicant in judicial custody since arrest on 17.12.2022.
- Specific case of prosecution is based on secret information leading to the recovery of contraband articles from the applicant’s possession.
- Recovered contraband was an intermediate quantity, hence Section 37 of the NDPS Act may not apply.
- Contraband articles recovered from accused persons during raid
- Total 49.4 Kgs of contraband seized
- Statements of premises owners confirm accused involvement in illegal activities
- Allegations of commercial quantity triggering Section 37 of the NDPS Act
- Investigation papers considered along with roles played by the applicant
Analysis
- The current application was filed after the chargesheet was submitted and the investigation is now completed.
- The applicant has been in jail since 17.12.2022.
- 28.5 Kgs of contraband articles were recovered from the applicant, which is considered an intermediate quantity.
- Rigors of Section 37 of the NDPS Act would not come into play due to the intermediate quantity of contraband articles.
- No antecedent is reported against the applicant in relation to the crime committed.
- The Court considered the law laid down by the Hon’ble Apex Court in the cases of Sanjay Chandra v. Central Bureau of Investigation and Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- Based on the nature of allegations in the FIR without going into detailed evidence, the Court believes it is appropriate to grant regular bail to the applicant.
- The present application for regular bail is allowed, and the applicant is ordered to be released on executing a personal bond of Rs.15,000/- with one surety of the same amount.
- Certain conditions are imposed on the bail such as not misusing liberty, not acting to harm prosecution’s interest, surrendering passport if any, not leaving Gujarat without court permission, marking presence at the police station every alternate Monday for six months, and providing the current address to the court.
Decision
- The applicant will only be released if he is not required in connection with any other offense at present.
- The concerned Court has the authority to modify, relax, or delete any conditions as per the law.
- During the trial, the trial Court should not be influenced by any preliminary observations made by the Court while granting bail.
- The bail bond must be executed before the lower Court with jurisdiction over the case.
- If any conditions of the bail are breached, the concerned Sessions Judge can issue a warrant or take appropriate action.
- Direct service is permitted for communication.
Case Title: LILAVANTIBEN @ LILABA VIJAY CHAUHAN Vs. STATE OF GUJARAT
Case Number: R/CR.MA/7885/2024
