Gujarat High Court
Babubhai Merabhai Chamtha vs State Of Gujarat on 1 April, 2022
Bench: Hemant M. Prachchhak
R/CR.MA/4122/2022 ORDER DATED: 01/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 4122 of 2022
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BABUBHAI MERABHAI CHAMTHA
Versus
STATE OF GUJARAT
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Appearance:
MR VO JOSHI(5883) for the Applicant(s) No. 1
MS SHRUTI PATHAK APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 01/04/2022
ORAL ORDER
1. The present successive application is filed under Section
439 of the Code of Criminal Procedure, 1973, for regular bail in
connection with FIR being CR No.11197057211159 of 2021
registered with Waghodiya Police Station, District: Vadodara
for offence under Sections 8(C), 20(b)(ii)B, 29 of the Narcotic
Drugs and Psychotropic Substances Act (for short "the NDPS
Act").
2. It is pertinent to note that earlier bail application filed by
the applicant was rejected on merits by this Court vide order
dated 06.12.2021 and the same order is not challenged by the
applicant before the appropriate forum and despite of the fact
that the applicant has straightway preferred the present
application.
R/CR.MA/4122/2022 ORDER DATED: 01/04/2022
3. Learned advocate appearing on behalf of the applicant has
submitted that the applicant has innocent and has not
committed any offence and even the trial is not commenced. He
has submitted that the applicant is in jail since 16.06.2021 and
other co-accused, who were in possession of contraband articles,
came to be released on bail by the Coordinate Bench of this
Court vide order dated 01.12.2021 passed in Criminal Misc.
Application No.17799 of 2021 and vide order dated 09.12.2021
passed in Criminal Misc. Application No.15995 of 2021. He has
further submitted that the applicant is impleaded in the alleged
offence on the basis of the statement of the co-accused. He has
submitted that considering the nature of the offence, the
applicant may be enlarged on regular bail by imposing
suitable conditions.
4. Learned Additional Public Prosecutor appearing on behalf of
the respondent-State has opposed grant of regular bail and has
submitted that the applicant has committed the serious offence
under the provisions of the NDPS Act and even earlier also, an
offence came to be registered against the present applicant. She
has submitted that considering the nature of offence, the
applicant may not be released on bail and the present applicant
R/CR.MA/4122/2022 ORDER DATED: 01/04/2022
be rejected.
5. Earlier, the applicant has filed an application being Criminal
Misc. Application No.17679 of 2021 for regular bail and on
06.12.2021, this Court has passed the following 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.
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
R/CR.MA/4122/2022 ORDER DATED: 01/04/2022
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."
6. I have heard learned counsel appearing for the respective
parties and I have perused the materials placed on record and
considered the submissions canvassed by both the sides. It
appears that the applicant is involved in the alleged offence and
even the role attributed by the present applicant is different,
then, the role attributed by the other co-accused in the alleged
offence. The submission of the learned counsel for the applicant
that the Coordinate Bench of this Court has released the co-
accused on bail is no ground to release the applicant on bail and
it cannot be termed as change of circumstances. Considering the
facts of the case and averments made in the application, I am
not inclined to entertain this application and the same deserves
to be rejected.
7. In view of the above, the application stands rejected
summarily.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
