Gujarat High Court
Mewalal Badrilal Kumawat vs State Of Gujarat on 3 February, 2022
Bench: A.Y. Kogje
R/CR.MA/22391/2021 ORDER DATED: 03/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 22391 of 2021
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MEWALAL BADRILAL KUMAWAT
Versus
STATE OF GUJARAT
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Appearance:
MR RJ GOSWAMI with M/S.JA KUMAWAT and SIDDHARTH R KHESKANI
for the Applicant
MS MOXA THAKKAR, APP for the Respondent
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 03/02/2022
ORAL ORDER
1. The present application is filed under Section 439 of
the Code of Criminal Procedure, 1973, for regular bail in
connection with FIR being CR No.11823026210497 of 2021
registered with Amletha Police Station, Narmada for offence under
Sections 8(C), 20 and 29 of the NDPS Act, 1985, which has now
culminated into Criminal Case No.7 of 2021 pending before 5 th
Additional District and Sessions Judge, Rajpipla.
2. Learned Advocate appearing on behalf of the applicant
submits that considering the nature of the offence, the applicant
may be enlarged on regular bail by imposing suitable conditions. It
is submitted that the applicant is falsely involved in the offence and
only on the basis of version given by the co-accused, who was
apprehended with contraband.
R/CR.MA/22391/2021 ORDER DATED: 03/02/2022
2.1 It is submitted that the applicant was not named in the
FIR, he was not found in possession of contraband and even during
the course of investigation, no incriminating material is found
involving the applicant in the offence. It is submitted that the
applicant is not the seller or purchaser of the contraband and
therefore cannot be treated to have abetted the offence so as to
attract bar of Section 37 of the NDPS Act.
2.2 Reliance is placed on decision of the Apex Court in case
of Tofan Singh Vs. State of Talim Nadu, reported in 2021 (4)
SCC, 1, to submit that merely on the basis of statement of co-
accused, the applicant cannot be held responsible.
3. Learned APP appearing on behalf of the respondent-
State has opposed grant of regular bail looking to the nature and
gravity of the offence. It is submitted that the offence is of serious
nature involving 23 plus kg. Of "ganja" and that role of the
applicant is coming out actively on the basis of mobile connectivity
between the accused apprehended with contraband and the
applicant.
3.1 It is also submitted that the applicant is having several
antecedents of various nature including offence under the NDPS
Act.
4. Having heard learned Advocates for the parties and
having perused documents on record, it appears that the
R/CR.MA/22391/2021 ORDER DATED: 03/02/2022
investigation pertains to seizure of 23.945 kg. of "ganja" which was
found from the possession of co-accused-Shankarlal Prabhulal
Nayak and Rampal @ Devilal Bhil. During the course of
investigation, two mobile numbers had surfaced which belonged to
purchasers and the seller. From the investigation, it appears that
accused no.(1) and (2) in the case of Thana Beat -2, whose names
have been mentioned at Column no.(1), while traveling on their
private motor-cycle on Rajpipla - Movi Highway, ahead of the bus-
stand at Boridra village, on the bridge having divider, 14 km. to the
North from the Police Station, at 15:35 hours on 17/09/2021, when
stopped and examined, total 21 packets of dry Cannabis weighing
23 kilogram and 944 grams, valued at Rs.2,39,440/-, was found in
two traveling bags. The accused, while transporting illegally from
Telangana to Gujarat, were found with one motor-cycle valued at
Rs.40,000/- and two mobile phones valued at Rs.3000/-. During
their physical examination, Rs.900/- cash and two bags valued at
Rs.0 were also found. During the physical examination of the
accused no.(3), one mobile phone valued at Rs.10,000/- and
Rs.1800/- cash were found. Thus, the muddamal of total value of
Rs.11800/- was found from accused no.(3). On being asked,
accused no.(1) stated that the muddamal had been brought from
Khamam area of Telangana at the instance of accused no.(3). He
further states that, "accused no.(3) - Mevalal used to speak to me
on WhatsApp calls from mobile numbers 7729464186, 7990596125,
9544168827. The accused no.(1) and (2) were caught while
R/CR.MA/22391/2021 ORDER DATED: 03/02/2022
transporting the dry Cannabis at the instance of accused no.(3).
5. The role of the applicant is therefore evident from the
evidence on record.
6. Over and above, the applicant is also having
antecedents, where in the year 2018, the applicant was arrested in
connection with offence of theft registered with Raipur Police
Station. Thereafter, in the year 2020, another offence under the
provisions of NDPS Act was registered Bhimganj Police Station for
paddling of 1 kg "ganja", where also the applicant has been
arraigned as accused. Again in the year 2020, an offence under the
Arms Act is registered against the applicant at Raipur Police
Station. Yet another offence is registered at Mandal Police Station.
7. It would be appropriate to give due regards to the
submissions made by the learned APP bringing of notice of the
Court the grim situation that is prevailing, especially in the State of
Gujarat where offences under the provision of NDPS Act dealing
with the drugs like 'Ganja', Charas', 'Mephadrone' and
'Amphetamine' are on huge increase and the action is taken by the
Government Agency to deter the use from indulging into the
activities related to drugs which include the drug dealing, drug
peddling and drug consuming.
8. The Court has also perused judgment and order of the
Sessions Court and finds that the Sessions Court has given cogent
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reasons while rejecting bail application of the applicant.
9. In view of the aforesaid, no case is made out for
exercising discretion in favour of the applicant. The application
deserves to be and is hereby dismissed. Rule is discharged.
(A.Y. KOGJE, J)
SHITOLE
