Gujarat High Court
Manish Haribhai Zalavadiya(Patel) vs State Of Gujarat on 16 July, 2025
NEUTRAL CITATION
R/CR.MA/13731/2025 ORDER DATED: 16/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 13731 of 2025
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MANISH HARIBHAI ZALAVADIYA(PATEL)
Versus
STATE OF GUJARAT
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Appearance:
MR VIRAT G POPAT(3710) for the Applicant(s) No. 1
MS JIGRA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 16/07/2025
ORAL ORDER
1. The Applicant has filed this Application under Section 483
of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging
the Applicant on Regular Bail in connection with FIR being C.R.
No.11189005240443 of 2024 registered with Morbi Taluka Police
Station, Morbi for the offences punishable under Sections 8(c),
21(c), 29 of the Narcotic Drugs and Psychotropic Substance Act,
1985 and under Sections 201, 465 and 471 of the Indian Penal
Code.
2. Heard learned advocate Mr. Virat G. Popat appearing for
the applicant. He submitted that the applicant has been arrested
in connection with the present offence on 04.03.2024 and since
then, he is in custody. Investigation of the offence is over and
charge-sheet has been filed. After the dismissal of the earlier
application filed by the applicant by this Court vide order dated
19.09.2024, there is no progress of the trial against the present
applicant and even the charge has not been framed against him.
NEUTRAL CITATION
R/CR.MA/13731/2025 ORDER DATED: 16/07/2025
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Recently, the Hon'ble Apex Court in several orders has
considered the cases of respective applicants for grant of bail on
the ground of delay in trial even in cases pertaining to serious
offences like murder. He therefore submitted that the case of the
present applicant be considered for grant of bail on the ground of
delay in trail and allow the application and enlarge the applicant
on bail subject to suitable conditions.
3. Per contra, learned APP has opposed the present
application contending that the present applicant was found in
possession of 90,000 bottles of Cough Syrup containing Codeine
Phosphate. The quantity of the contraband substance involved in
the offence is a commercial quantity and therefore the rigors of
Section 37 of NDPS Act would come into play. Learned APP has
therefore submitted that looking to the nature of offence, this
Court may not exercise the discretion in favour of the applicant
and the Application may be dismissed.
4. Heard learned advocates for the parties. The applicant had
earlier preferred Criminal Misc. Application No.12073 of 2024
which was dismissed by this Court vide Order dated 19.09.2024.
While dismissing the said application, this Court had made the
following observations:
"5. Heard learned Advocates for the parties and
perused the record. It is required to be noted that
the Police Authorities had received a secret
information that a huge stock of Cough Syrup had
been stored in the Godown in question. On the
basis of the said secret information the Godown
mentioned had been raided by the Police
NEUTRAL CITATION
R/CR.MA/13731/2025 ORDER DATED: 16/07/2025
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Authorities and it was found that several boxes
were being unloaded in the said Godown along
with the stock of rice. The present Applicant was
found present in the Godown at the time of raid.
Upon the search and seizure of the Godown being
carried out, it was found that several boxes of
sanitary items were lying in the Godown which
were packed. Upon opening those boxes it was
found that those boxes were packed with the
Bottles of Cough Syrup. The total stock of 90000
Bottles of Cough Syrup of 100 ml each was found
from the said Godown. The said Cough Syrup
contained Codeine Phosphate as one of the
ingredients. The material collected during the
course of investigation indicates that it was the
present Applicant who had packed those Bottles
in the boxes meant for packing of the sanitary
items and the present Applicant was in the
process of transporting those boxes to other
States. The record also indicated that the said
stock of Cough Syrup had been brought to the
Godown along with some stock of rice. From the
material collected during the course of
investigation, it appears that the present Applicant
was very much aware about the fact that the
stock of Cough Syrup was being transported in an
unlawful manner. Neither the Applicant nor the
owner of the the said Godown was possessing
any license for storage of the said stock of Cough
Syrup.
6. It is sought to be contended by the learned
Advocate appearing for the Applicant that; since
the content of Codein was not more than 2.5% in
each bottle of 100 ml., the said Cough Syrup
cannot be said to be a manufactured drug, and
therefore, the provisions of the NDPS Act would
not apply to the said Cough Syrup.
7. This Court has also gone through the judgments
cited by the learned Advocate appearing for the
Applicant, and the other judgments, which show
that; divergent views have been taken by different
High Courts on this aspect.
NEUTRAL CITATION
R/CR.MA/13731/2025 ORDER DATED: 16/07/2025
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8. Having regard to the stock of Cough Syrup
which had been recovered from the Godown i.e.
90000 bottles, would show that, even if the
content of only Codeine Phosphate in the said
bottles of Cough Syrup is considered to be a
contraband substance, even then, the quantity of
the contraband substance involved in the offence
would go beyond the commercial quantity."
4.1 The said order was carried by the present applicant to the
Hon'ble Apex Court and the Hon'ble Apex Court had also
expressed its disinclination to interfere with the above order.
Thus, the order of this Court dated 19.09.2024 has attended the
finality.
5. Having regard to these aspects, no case is made out. The
Application is dismissed.
(M. R. MENGDEY,J)
AHS
