Shubham S/O Rajmal Devkaran ... vs State Of Gujarat
2023 Latest Caselaw 7762 Guj

                                                                                       NEUTRAL CITATION




      R/CR.MA/18391/2023                                ORDER DATED: 19/10/2023

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                  CHARGESHEET) NO. 18391 of 2023
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                  SHUBHAM S/O RAJMAL DEVKARAN BHAVSAR
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR NASIR SAIYED(6145) for the Applicant(s) No. 1
MRS MUMTAZ SAIYED(5187) for the Applicant(s) No. 1
MS. DIVYANGANA JHALA, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                Date : 19/10/2023
                                 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. 11215003220101/2022 registered with Anklav Police Station, Anand.

2. Heard learned Advocate for the Applicant and learned APP for the Respondent - State.

3. The learned Advocate for the Applicnat has submitted that the investigation is over and the charge sheet is filed. There is no material connecting the present Applicant with the offence. He has been arraigned only on the basis of the statement of the co-accused. There is also no material on record indicating the Applicant having talked with any of the co-accused in the form of call data records.

3.1 Learned Advocate for Applicant sought to rely upon the judgment of the Hon'ble Apex court in the case of Bharat Chaudhary v. Union of India in SLP (Crl.) No. 5703 of 2021. He therefore submitted to allow the present Application and enlarge the Applicant on bail subject to suitable conditions.

                                                                                        NEUTRAL CITATION




      R/CR.MA/18391/2023                                 ORDER DATED: 19/10/2023

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4. Learned APP has opposed the Application inter alia contending that the vehicle from which the contraband substance was found belonged to the present Applicant and therefore there is an active participation on the part of the Applicant. She therefore prayed to dismiss the present Application.

5. Heard learned Advocate for the parties and perused the record.

6. As per the case of the prosecution, Poppy Straw worth 226.270 KG was seized from the Bolero Car bearing Registration No. MP - 14 BE - 0801 which was registered in the name of the present Applicant. It is contended on behalf of the Applicant that there was no conscious possession on the part of the present Applicant. However, having regard to the fact that the vehicle from which the contraband substance was seized belonged to the present Applicant, it can be primafacie believed that the present Applicant was aware as to what material was being transported in the vehicle belonging to him.

6.1 So far as the judgment of the Hon'ble Apex Court relied upon by the learned Advocate for the Applicant is concerned, in the case before the Hon'ble Apex Court, the statement of the coaccsued given under Section 67 of the NDPS Act is believed for apprehending the concerned accused. The facts of that case would not be applicable to the facts of the present case since the quantity commercial in nature was seized from the vehicle belonging to the Applicant. The quantity seized was commercial in nature, therefore, the rigours of Section 37 of the NDPS Act would be applicable to the facts of the present case.

7. Considering the aforesaid facts, the Application is devoid of merits and hence the same is hereby dismissed.

(M. R. MENGDEY,J) J.N.W / 45