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. 11186007230694 of 2023 registered with Talala Police Station, District:Gir Somnath for the offences punishable under Sections 8(C), 20(b), 22(B) and 29 of the Narcotics Drugs and Psychotropic Substances Act.
2. Heard learned advocate Mr.Denish Mavadhiya for the applicant. He submitted that as per the case of prosecution, the present applicant has been found in conscious possession of the contraband substance Ganja worth 6.800 kilograms, which is a intermediate quantity and the rigours of Section 37 of the NDPS Act would not be applicable to the facts of the present case. He, therefore, submitted to allow the application subject to suitable conditions.
Page 1 of 2
3. The application is opposed by learned APP Ms.M.D.Mehta inter alia contending that the present applicant was found in conscious possession of the contraband substance Ganja worth
6.800 kilograms and that the applicant has other antecedents for commission of similar nature of offences under the NDPS Act. She therefore submitted to dismiss the present application.
4. This Court has considered the submissions canvassed by learned advocates for the parties and has also perused the material placed on record. As per the case of prosecution, upon raid being carried out at the house of the present applicant, he was found present in the house, along with the contraband substance of Ganja worth 6.800 kilograms, which no doubt is a intermediate quantity, therefore the rigours of Section 37 of the NDPS Act would not apply to the facts of the present case. Further, the record indicates that the present applicant has other antecedents registered against him for the offences punishable under the provisions of NDPS Act.
5. Considering all these aspects, no case is made out to exercise discretion in favour of the applicant. The present Application is dismissed.
(M. R. MENGDEY,J)
Manshi
Page 2 of 2