Gujarat High Court

Kuldip @ Bhondu Shivnarayan Patel vs State Of Gujarat on 3 March, 2023

Bench: Samir J. Dave

      R/CR.MA/165/2023                             ORDER DATED: 03/03/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CRIMINAL MISC.APPLICATION NO. 165 of 2023
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                    KULDIP @ BHONDU SHIVNARAYAN PATEL
                                   Versus
                             STATE OF GUJARAT
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Appearance:
KRUSHALKUMAR D SHELADIYA(8017) for the Applicant(s) No. 1
MS. M.H.BHATT, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                             Date : 03/03/2023

                               ORAL ORDER

1. By preferring this successive bail application, the applicant has

requested to enlarge the applicant on regular bail in connection with FIR

being C.R No.11210060212278 of 2021 registered with Varachha Police

Station, Dist. Surat City for the offence punishable u/s. 8(C),20(b) II(c)

and 29 of N.D.P.S Act.

2. Brief facts of the present case are as under:

2.1 That, the complainant has received a secret information that Kuldip

Patel (present applicant) and Chandan Bind were having illegal

contraband under the Pramukh swami Bridge at Katargam and thus,

during the raid, police had collected total weight of 44.330 kg ganja from

both the accused wherein present applicant was found with 11.660 kg

ganja and that is how the impugned complaint has been lodged against

the accused persons. Pursuant to the above-mentioned crime, the

R/CR.MA/165/2023 ORDER DATED: 03/03/2023

applicant has been arrested by the police on 29.06.2021 and he was

presented before the concerned magistrate on 30.06.2021 since then he is

in judicial custody at Lajpore Central Jail at Surat as an under-trial

prisoner. Thereafter, a charge sheet has been presented before the trial

court and the case is registered as Special NDPS Case No. 49 of 2021 in

the trial court. Thereafter, the applicant filled his first regular bail

application after the Charge Sheet in the Hon'ble Sessions Court, Surat

vide CRMA No. 7313 of 2021, but the same was rejected. Thereafter, the

applicant had approached this Court by way of filing Criminal Misc.

Application No. 22237 of 2022, wherein, this Court had rejected his

application vide order dated 6.12.2022. Hence, present successive bail

application has been filed by the applicant before this Court

3. Heard Mr. K.D.Sheladiya, learned advocate for the applicant and

Mr. M.H.Bhatt, learned APP for the respondent -State.

4. Learned advocate for the applicant submits that applicant is

maintaining his family by working as labourer and financial

circumstances of the family are very week. That, the applicant is innocent

person and has been falsely arraigned as an accused in the present

offence. That, the applicant has not any kind of role in the said offence,

but the applicant has been arrested by the police as a suspect based on

false information. That, applicant is ready and willing to abide by any and

R/CR.MA/165/2023 ORDER DATED: 03/03/2023

every condition as imposed by this Court while exercising discretion in

favour of the applicant. That, the co-accused namely- Chandankumar

Sudarshan Vind had been released on regular bail by this Court vide

order dated 13.12.2022 passed in Criminal Misc. Application No. 14381

of 2022. Hence, it was requested by learned advocate for the applicant to

allow this application by releasing the applicant on regular bail with

suitable conditions.

5. Per contra, learned APP for the respondent-State has strongly

opposed grant of regular bail looking to the nature and gravity of the

offence. That, the applicant is involved in the serious offence as alleged

and therefore, no leniency view would be taken in favour of the applicant

while releasing him on bail. That, there is prima facie case against the

present applicant and he is directly involved in commission of offence. A

muddamal commercial quantity of 44 kilo 330 grams of prohibited

narcotic substance Ganja was recovered from the accused persons. If the

applicant is released on bail, he shall not remain present during the trial.

That, muddamal being a commercial quantity and thus, provision of

Section 37 of the NDPS Act is applicable. Ultimately, it was submitted

by learned APP for the respondent-State to reject present application.

6. Having heard learned advocate for the applicant as well as learned

APP for the respondent-State and considering the averments made in the

R/CR.MA/165/2023 ORDER DATED: 03/03/2023

present application, it appears that earlier the applicant has approached

this Court by way of filing Criminal Misc. Application No. 22237 of

2022, wherein, this Court had rejected such application by making

following observations:-

"9. Of course this court is aware with the rule of bail and various

principles laid down by various Hon'ble High Courts and Hon'ble

Supreme Court. But, while considering the prayer of the applicant

regarding grant of bail, the court should have to consider the

gravity of offence as well as social impact of the offence. From the

observation made by learned trial court while rejecting the bail

application, it appears that learned trial court has observed that the

muddamal of commercial quantity is involved in the matter and

there appears prima facie case against the applicant. Prohibited

muddamal has been confiscated in the present case. There is prima

facie case and substantial evidence against the applicant and charge

sheet has been filed against the applicant accused.

10. It is pertinent to note that the Apex Court in the case of Union

of India Vs. Ram Samujh (Supra), laid down the following

principle, wherein the Apex Court has observed in Para No.8 of the

said judgment that:

R/CR.MA/165/2023 ORDER DATED: 03/03/2023

"To Check the menace of dangerous drugs flooding the market,

parliament has provided that the persons accused of the offences

under the NDPS Act should not be released on bail during the

trial unless the mandatory conditions provided in section 37 (1)