Gujarat High Court
Sajidhusen Anwarhusen Malek vs State Of Gujarat on 5 December, 2023
NEUTRAL CITATION
R/CR.MA/5669/2023 ORDER DATED: 05/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 5669 of 2023
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SAJIDHUSEN ANWARHUSEN MALEK
Versus
STATE OF GUJARAT
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Appearance:
MS. KETKI P JHA(9864) for the Applicant(s) No. 1
MR. DHAWAN JAYASWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 05/12/2023
ORAL ORDER
1. The Applicant has filed this Application under Section 439 of the Code
of Criminal Procedure for enlarging the Applicant on Regular Bail in
connection with FIR being C.R. No. 11191011220011/2022 registered with
DCB Police Station, Ahmedabad City.
2. Heard learned Advocate for the Applicant and learned APP for the
Respondent - State.
3. Learned Advocate Ms. Ketki P. Jha for the Applicant has submitted that
the investigation is over and charge sheet is filed. The Applicant has been
falsely implicated in the present offence only because he was present in the Car
from which the contraband substance Mephedrone has been seized. The
Applicant has no connection with the substance and there is no material
whatsoever connecting the present Applicant with the said substance. She
further submitted that the other similarly situated coaccused person namely
Mazharkhan Ayubkhan Pathan has been enlarged on bail by the Coordinate
Bench of this Court. She further submitted that there is no absolute bar against
the release of the accused in the offence under the Narcotic Drugs and
NEUTRAL CITATION
R/CR.MA/5669/2023 ORDER DATED: 05/12/2023
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Psychotropic Substances Act ('NDPS Act' for short) involving commercial
quantity under Section 37 of the NDPS Act. She therefore submitted to allow
the present Application. Learned Advocate Ms. Jha has placed reliance on the
judgement in the case of Yash Jayeshbhai Champaklal Shah v/s State of
Gujarat, reported in 2022 (1) Crimes (HC) 344.
4. Learned APP Mr. Dhawan Jayaswal has opposed the present Application
inter alia contending that the contraband substance Mephedrone has been
seized from the conscious possession of the present Applicant and the quantity
being the commercial quantity, rigours of Section 37 of the Act would be
applicable in the facts of the present case. He therefore submitted to dismiss
the present Application.
5. From the record it appears that the police authoritis had received secret
information to the effect that contraband substance of Mephedrone was to be
transported in a Maruti Suziki Baleno bearing Registration No. GJ-01-KY-
9687. On the basis of the said information received by the police authorities a
deploly was arranged and the vehicle in question when passed through the
place of incident, and thereupon, in all, five persons have been found present in
the car and contraband substance Mephedrone weighing 192 Grams was seized
from the said Car and the present Applicant is one of the person who was
present in the said Car. The Car was travelling from Ahmedabad to Baswada
and Baswada to Ahmedabad. The record also indicates that the Applicant was
in cosntant touch with the coaccsued person on mobile phone and mobile call
data records falling part of the chargesheet papers.
5.1 On the basis of the said information, after the vehicle being intercepted,
the contraband substance weighing 192 Grams was seized from the vehicle
wherein the Applicant was also present. The quantity of the contrabad
substance Mephedrone being the commercial quantity, the rigours of Section
37 of the NDPS Act would be applicable to the facts of the present case.
NEUTRAL CITATION
R/CR.MA/5669/2023 ORDER DATED: 05/12/2023
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6. So far as the aspect of parity is concerned, the Coordinate Bench of this
Court has ordered to enlarge the other coaccused person namely Mazarkhan
Ayubkhan Pathan on regular bail. The role attributed to the said coaccused is
that he was a Wage Driver of the vehicle in question which was intercepted.
The vehicle in question was hired by the coaccsued person and the said
coaccused person was driving the said vehicle. Except this no other overt act
has been attributed to the coaccused in the entire offence.
7. So far as the present Applicant is concerned, the Applicant was very
much present in the Car when the contraband substance Mephedrone was
transported in the said Car and in relation to the same there are mobile call
details indicating the connection between the present Applicant and the other
coaccused persons.
8. Learned Advocate Ms. Ketki P. Jha sought to rely upon the judgment in
case of Yash Jayeshbhai Champaklal Shah (supra). In the said case, as per the
case of prosecution except the statement of the coaccused and the mobile call
details no other material was available on record connecting the Applicant in
case with the offence in question whereas in the present case the Applicant was
very much present in the Car wherein the contraband substance Mephedrone
was seized.
9. Considering the aforesaid aspects, the Application for grant of Regular
Bail is devoid of any merit. Hence dismissed. Rule is discharged.
(M. R. MENGDEY,J)
J.N.W / 85
