In a recent landmark ruling by the Gujarat High Court, a bail application in connection with the Narcotics Drugs and Psychotropic Substance Act case has been addressed. The case, arising from FIR C.R. No.11214021210985 of 2021 registered with Kosamba Railway Police Station, Surat Rural, involved the applicant-accused who was arrested on 03.02.2022. The charge-sheet has been submitted, and the investigation completed. Stay tuned to learn more about the court’s decision and its impact.
Arguments
- The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11214021210985 of 2021 registered with Kosamba Railway Police Station, Surat Rural for the offence punishable under Sections-8(c), 20(B),(II)(c) and 29 of the Narcotics Drugs and Psychotropic Substance Act.
- The application is preferred after the submission of the charge-sheet and completion of investigation with the filing of the charge-sheet.
- The applicant-accused was arrested on 03.02.2022 and has been in jail since then.
- The prosecution’s case involves the recovery of ‘Ganja’ from the conscious possession of the co-accused during a raid, with the applicant-accused not being present at the place of occurrence initially but later implicated during the investigation.
- Learned APP has opposed the grant of regular bail citing the nature and gravity of the offence.
- The learned advocate emphasizes that there is no recovery or discovery linked to the applicant-accused.
- The advocate notes that a co-accused with a similar role has been granted bail by the court based on the principle of ‘law of parity’.
- The applicant’s advocate requests bail for the applicant on suitable terms and conditions.
Decision
- The concerned Court has the authority to delete, modify, or relax the conditions of bail as per the law.
- The trial Court should not be swayed by any preliminary observations regarding the evidence made by the Court when granting bail.
- The rule is absolute to the specified extent.
- The bail bond needs to be executed before the lower Court that has the jurisdiction to try the case.
- If any conditions of bail are breached, the Sessions Judge can issue warrants or take appropriate actions.
- Direct service is permitted.
Case Title: SHANKAR LAXMAN @ LAKHAN RAUT Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8192/2024
