The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with D.C.B. Police Station, District: Surat CR No.III-5922 of 2011 for the offences punishable under Sections 8(C), 20(B), 22(C) and 29 of the Narcotics Drugs and Psychotropic Substance Act.
Mr.Dave, learned advocate for the applicant, at the outset, submitted that, in the instant matter, the entire investigation is over and charge-sheet is filed. Mr.Dave, learned advocate for the applicant took me though the F.I.R. and submitted that as per the prosecution case, the applicant was mere rickshaw driver and according to the prosecution case, accused no.3 was the passenger in the rickshaw and from his possession Ganja weigning 700 Kilo Grams and 200 Grams came to be seized. My attention was drawn to the F.I.R., wherein from the possession of the applicant-accused, his rickshaw driving license was seized. Mr.Dave, learned advocate for the applicant further submitted that from the possession of the applicant-accused, nothing was found on the spot and even from his residence, nothing came to be found. It is submitted that from the residence of the original accused no.3, certain other contraband substance came to be found but, that was not the residence of the applicant-accused.
Mr.Nanavati, Learned APP appearing for the State opposed this application and submitted that as per the prosecution case from the passenger-accused no.3, Ganja was found but, at that time, said passenger was traveling in the rickshaw of the applicant and the applicant had knowledge about the contraband substance.
Learned counsel for the parties do not press for further reasoned order.
Having considered the submissions on behalf of both the sides, so also considering the fact that from the possession of the passenger of the said rickshaw driver, who was original accused no.3, certain contraband substance came to be found and considering the the fact that the entire investigation is over and charge-sheet is filed, this Court is of the opinion that the application deserves to be allowed.
In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with first information report registered at D.C.B. Police Station, District: Surat CR No.III-5922 of 2011, on executing a bond of of Rs.15000/- (Rupees Fofteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
(f) furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
The Authorities will release the applicant only if not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
Bail bond to be executed before the lower court having jurisdiction to try the case.
For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(J.C.UPADHYAYA, J.) Girish Top