Chamatha Babubhai Merabhai vs State Of Gujarat
2021 Latest Caselaw 18126 Guj

     R/CR.MA/17679/2021                                  ORDER DATED: 06/12/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 17679 of 2021

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                          CHAMATHA BABUBHAI MERABHAI
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR. BK. RAJ(3794) 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 HEMANT M.
       PRACHCHHAK

                                  Date : 06/12/2021

                                   ORAL ORDER

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the I-C.R.No.11197057211159 of 2021 registered with Waghodiya Police Station, Vadodara Rural of the offence punishable under Sections 8(C), 20(b)(ii)(B) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act").

2. In the present application, considering the facts that the applicant is involved in serious offence of contraband article under the NDPS Act. Earlier also an offence came to be registered against the present applicant. The facts found from the affidavit filed by the concerned Investigating Officer at Page-20 more particularly in column-12 indicates that, he is a person who purchased the contraband article (Ganja) from the one accused persons and supplied to the other accused and therefore, the case of the other accused cannot be equated with the present applicant.

R/CR.MA/17679/2021 ORDER DATED: 06/12/2021

3. Learned advocate for the applicant strongly relied upon the judgment of the Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40.

4. It is not a straitjacket formula, but every case is to be decided on its own merits and facts. The present applicant is involved in the contraband articles (Ganja) and earlier similar offence was registered against the present applicant and thereafter, even in the case of parity also, the applicant stands on a different footing to the other accused.

5. Therefore, the judgment is not helpful to the present applicant considering the case of the present case and the decision of the Hon'ble Apex Court I am of the firmed view that, the said judgment cannot be considered in light of the present case and in case of the present applicant as the applicant is involved in the serious kind of offence and having antecedents and chequered history and said judgment is not helpful in the present case and it is not a small quantity so does not fall under the provision of Section 50 of the NDPS Act.

6. Therefore, on a ground of parity also the applicant does not deserve any sympathy and considering the other relevant materials from the aforesaid papers the present application is deserves to be dismissed. Hence, the application stands dismissed. Rule is discharged.

(HEMANT M. PRACHCHHAK,J) T. J. Bharwad