Gujarat High Court
Ayman @ Ayan @ Baba Musa Shaikh vs State Of Gujarat on 6 February, 2025
NEUTRAL CITATION
R/CR.MA/2640/2025 ORDER DATED: 06/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 2640 of 2025
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AYMAN @ AYAN @ BABA MUSA SHAIKH
Versus
STATE OF GUJARAT
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Appearance:
MR NASIR SAIYED(6145) for the Applicant(s) No. 1
MR L B DABHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 06/02/2025
ORAL ORDER
1. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.III/8 of 2022 registered with A.T.S. Police Station, District Ahmedabad, for the offences punishable under Sections 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Learned advocate Mr. Nasir Saiyed appearing for the applicant has submitted that in the present offence, the investigation is over and the charge sheet is filed. Even if, the case of the prosecution is accepted on its face value, the applicant herein is not found with conscious Page 1 of 4 Uploaded by NABILA A. VHORA(HC00630) on Wed Feb 12 2025 Downloaded on : Wed Feb 12 21:31:24 IST 2025 NEUTRAL CITATION R/CR.MA/2640/2025 ORDER DATED: 06/02/2025 undefined possession of the contraband substance. It is alleged against the present applicant that he had received 40-50 kgs mephedrone at Mumbai from the other co-accused. However, period during which the applicant herein is alleged to have received said contraband substance, the applicant was not present in Mumbai. He has further submitted that there is no material available in the investigation papers to indicate any money trail involved in the present offence. Therefore, there is no material whatsoever connecting presence of the present applicant with the offence in question. The applicant herein has been arrested in connection of the present offence in the month of May, 2024 and since then he is in custody. He has, therefore, submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
2.1 In support of his submissions, learned advocate for the applicant has sought to rely upon the following judgments :-
Criminal Appeal No.943 of 2023 reported in LAWS (SC) 2023 (3) 120; Special Leave to Appeal (Criminal) Page 2 of 4 Uploaded by NABILA A. VHORA(HC00630) on Wed Feb 12 2025 Downloaded on : Wed Feb 12 21:31:24 IST 2025 NEUTRAL CITATION R/CR.MA/2640/2025 ORDER DATED: 06/02/2025 undefined No.5703 of 2021 reported in LAWS (SC) 2021 (12) 44;
Criminal Misc. Application No.1234 of 2022 reported in LAWS (GJH) 2022 (3) 1692;
Bail Application No.1410 of 2022 reported in LAWS (DLH) 2022 (12) 9.
3. Learned APP appearing for the respondent State has vehemently submitted that the offences alleged against the present applicant is serious in nature. He has further submitted that the allegations which have been charged, are serious in nature and looking to the facts as well as the allegations made against the applicant, no discretion should be exercised.
4. Heard learned advocates for the respective parties and perused the documents produced on record. The investigation is over and Charge-sheet is filed.
5. From the record it appears that the Police Authorities had received secret information that in Sindhrot Village, District- Vadodara in the field of Manhar Thakore, an activity of manufacturing of mephedrone was going Page 3 of 4 Uploaded by NABILA A. VHORA(HC00630) on Wed Feb 12 2025 Downloaded on : Wed Feb 12 21:31:24 IST 2025 NEUTRAL CITATION R/CR.MA/2640/2025 ORDER DATED: 06/02/2025 undefined on and on the basis of said information, the raid was carried out and 63.613 kgs mephedrone along with 80.260 kgs of liquid used for manufacturing of mephedrone had been seized. The investigation further indicates that the applicant herein had received mephedrone approximately 45-50 kgs manufactured in the said premises through the other co-accused and the applicant had also transferred the amount of Rs.4,86,010/- in installments through Angadiya to the other co- accused. The record further indicates that the applicant herein had visited Vadodara on several occassions for the said purpose. Upon perusal of the material available on record, it appears that this is a huge racket for manufacturing and supply of mephedrone of which the present applicant prima facie appears to be a part.
6. Considering the role attributed to the present applicant as well as looking to seriousness of offence, this Court is not inclined to use its judicial discretion in favour of the applicant. The application is dismissed.
(M. R. MENGDEY,J) NABILA Page 4 of 4 Uploaded by NABILA A. VHORA(HC00630) on Wed Feb 12 2025 Downloaded on : Wed Feb 12 21:31:24 IST 2025