2022 (4) TMI 1597 - HC - Indian Laws

Seeking grant of Regular bail - conscious possession of contraband substance or not - grounds of parity - HELD THAT - The applicant in this case had purchased intoxicating cough syrup from the accused in this case Shaileshbhai Kushwah. Shaileshbhai does not have any license to possess or sell such medicine. In connection with the submission of parity the Court observes that in the order of Allauddin Dagdubhai Mansuri the Court has specifically observed that said accused had accompanied the applicant as a friend and had no other connection whereas in case of the applicant the applicant was in telephonic connection consistently with the main supplier namely Shailesh Kushwah who is later on now arrested and in custody as well as other accused persons who were part of the organized crime whereas the investigation has not found any telephonic connection or call details record of said Allauddin Dagdubhai Mansuri with any other accused except for the present applicant. 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. Thus no case is made out for the exercise of discretion in favour of the applicant for the grant of regular bail in connection with aforesaid C.R. Hence the application is dismissed.

Summary

Issues: Regular bail application under Section 439 of the Code of Criminal Procedure, 1973 for offences under Sections 8(c), 21(c), 22(c), 29 of the N.D.P.S. Act.

Analysis:
1. Nature of Offence and Applicant's Contentions: The applicant sought regular bail based on the reserved liberty from a previous order. The applicant's advocate argued that the substance in possession was Codein syrup, a medicine, and the applicant was driving a two-wheeler where the bottles were being carried by a co-accused who had been granted bail. Reference was made to other co-accused being enlarged on bail by various court orders.

2. Opposition by the State: The Additional Public Prosecutor opposed bail, highlighting the gravity of the offence. It was argued that the applicant played a crucial role in an organized drug crime network as a connecting link between suppliers and end-users. The prosecutor emphasized the applicability of Section 37 due to the quantity of the narcotic substance involved.

3. Investigation Details and Accusations: The investigation revealed that the applicant was found in possession of a significant quantity of illegal intoxicating cough syrup and tablets. The applicant was linked to the supplier and was involved in selling the substances to laborers in specific areas. The accused had telephonic connections with key individuals involved in the organized drug crime.

4. Court's Observations and Decision: The court noted the lack of parity with other enlarged co-accused and the serious nature of drug-related offences in the state. Considering the prevailing situation and the government's efforts to combat drug-related activities, the court dismissed the bail application, ruling that no case was made out for granting bail in connection with the mentioned case. The exercise of discretion in favor of the applicant was denied, and the application was dismissed, with the rule discharged.