Mohammed Rehan Alimiyan Kazi vs State Of Gujarat

Gujarat High Court

Mohammed Rehan Alimiyan Kazi vs State Of Gujarat on 5 February, 2025

                                                                                                               NEUTRAL CITATION




                            R/CR.MA/2477/2025                                    ORDER DATED: 05/02/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                                        CHARGESHEET) NO. 2477 of 2025

                      ==========================================================
                                                MOHAMMED REHAN ALIMIYAN KAZI
                                                           Versus
                                                  STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR MUSAIB I SHAIKH(10565) for the Applicant(s) No. 1
                      MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                                            Date : 05/02/2025

                                                                 ORAL ORDER

1. The applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for enlarging the applicant on Regular Bail in connection with complaint being F.No.NCB/AZU/CR-15/2022 registered with NCB Ahmedabad, Zonal Unit for the offences punishable under Sections 8(c), 22(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act.

2. Heard learned advocate Mr.Musaib I. Shaikh appearing for the applicant and learned APP Mr.Dhawan Jayswal for the Respondent - State.

3. Learned advocate for the applicant submitted that in the present offence, investigation is over and charge-sheet has been filed. The present applicant has been arrested in connection with the present offence on 22.7.2022 and since then he is in custody. The trial of the offence is not progressing satisfactorily and therefore, the prolonged incarceration of the applicant would Page 1 of 3 Uploaded by MANSHI HARISHBHAI AMIN(HC01561) on Thu Feb 06 2025 Downloaded on : Fri Feb 07 00:43:41 IST 2025 NEUTRAL CITATION R/CR.MA/2477/2025 ORDER DATED: 05/02/2025 undefined violate the fundamental rights of the applicant for personal liberty.

3.1 He further submitted that recently the Hon'ble Apex Court vide order dated 13.12.2024 had considered the case of other co-accused namely Saina Vaziuddin Sheikh for grant of bail, only on the ground of period of incarceration undergone by her and therefore, the present applicant is also entitled to be enlarged on bail on the ground of parity. He, therefore, submitted to allow the present application and enlarge the present applicant on bail subject to suitable conditions.

4. The application is opposed by learned APP for the respondent State.

5. This Court has considered the submissions canvassed by learned advocates for the parties and has also perused the material placed on record. As per the case of prosecution, the respondent No.2 had received a secret information as regards transportation of a huge haul of contraband substance and on the basis of said secret information, the other co-accused were intercepted by them and they were found in conscious possession of contraband substance of Mephedrone worth 391 grams.

5.1 The further investigation revealed that it was the present applicant who had supplied the said stock of contraband substance to the other co-accused. The material available on record is sufficient to indicate a strong prima facie case against the present applicant for commission of the offence in question.

NEUTRAL CITATION R/CR.MA/2477/2025 ORDER DATED: 05/02/2025 undefined Moreover, it also appears from the record that the applicant is having another antecedent for an offence punishable under the provisions of NDPS Act.

5.2 The applicant has pressed the ground of delay in conclusion of trial for seeking bail. The present applicant had canvassed the said ground before learned trial court at the time of hearing of bail application and learned trial court has discarded the said argument by observing that the applicant herein had not engaged an advocate to defend himself in the trial for long time. From this observation it appears that it was the present applicant who is responsible for delay in trial, as for long time, as observed by learned trial court, the applicant had not engaged any lawyer to defend himself.

5.3 Learned advocate has also sought to rely upon the judgment of the Hon'ble Apex Court in the case of Saina Vaziuddin Sheikh, who is the co-accused in the present offence. While allowing the said co-accused to be on bail, the Hon'ble Apex Court has observed that the petitioner being a woman, is entitled to special treatment and therefore, the Hon'ble Apex Court had ordered the said co-accused to be enlarged on bail.

6. Considering all these aspects, no case is made out to exercise discretion in favour of the applicant. Accordingly, the present Application is dismissed.

(M. R. MENGDEY,J) Manshi Page 3 of 3 Uploaded by MANSHI HARISHBHAI AMIN(HC01561) on Thu Feb 06 2025 Downloaded on : Fri Feb 07 00:43:41 IST 2025