Rule.
Mr. Nanavati, Ld. APP appears and waives service of rule for the respondent - State.
[1] By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with C.R. No. III-287 of 2011 registered with Katargam Police Station, Surat, for the offences punishable under Sections 8(C), 22(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act.
[2] It is submitted by the learned advocate for the applicant accused that charge sheet is filed. It is further submitted that considering nature of allegations and role attributed to the applicant, the applicant may be enlarged on bail. It is also submitted that the applicant is in jail. It is submitted that coordinate Bench of this Court (Coram : Anant S. Dave, J.) in Criminal Misc. Application No.8326 of 2011 has released the applicant on bail for the offence under NDPS Act. It is also submitted by Mr. Dave, Ld. Advocate for the applicant that in the instant case, co-accused - Rajendra Golak came to be released on regular bail by this Court vide order dated 23/1/2012 passed in Criminal Misc. Application No. 146/2012. It is further submitted that in the instant matter, the investigation is over and charge-sheet is filed and considering the nature of allegations and the role attributed to the applicant and especially considering the fact that in the instant case what was seized was Ganja allegedly weighing 8 Kgs and 146 Grams, which is above the small quantity, but lesser than the commercial quantity. Reliance was also placed upon earlier order passed by this Court in Criminal Misc. Application No. 8326/2011.
[3] This Court has gone through the order dated 23/1/2012 passed by this Court in Criminal Misc. Application No. 146 of 2012 in connection with the co-accused in this matter and considering the same, following facts are taken into consideration:-
It is submitted that 'muddmal' article - Ganja weighing 8 kg and 146 gms was seized.
Vide Notification S.O.1055(E) dated 19.10.2001 published in the Gazette of India, dated 19.10.2001, issued by the Department of Revenue, Ministry of Finance, Central Government, under the provisions of NDPS Act, Sr. No.55, Ganja prescribes commercial quantity as 20 Kg;
the quantity in the present case is below the commercial quantity prescribed;
the punishment prescribed may extend upto 10 years and fine upto Rs.1,00,000/-, rigour of section 37 of the NDPS Act may not be applicable;
[4] Considering above facts and considering the fact that coordinate Bench of this Court has granted bail to the applicant for the offence under NDPS Act in similar case, and considering the nature of allegations and role attributed to the applicant and now the charge-sheet is filed, without entering into the merits of the case this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
[5] Hence, the applicant is ordered to be released on bail in connection with C.R. No. III-287 of 2011 registered with Katargam Police Station, Surat for the offence alleged against him on his executing personal bond of Rs.10,000/- (Rupees ten 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 his liberty or abuse his liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) mark presence before the concerned Police Station on every 1st of English Calender month between 11.00 a.m. and 2.00 p.m. for three months.
e) not act in a manner injurious to the interest of the prosecution;
f) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
g) furnish the address of residence to the Investigating Officer 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;
h) surrender passport, if any, to the lower Court within a week.
[6] If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
[7] Bail before the lower Court having jurisdiction to try the case. At the trial, the trial Court shall not be influenced by the observations 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.] * Pansala.
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