1. Rule.
Mr.
K.L.Pandya, learned APP waives service of Rule on behalf of the respondent-state.
2. The instant application is filed under Section 439 of Code of Criminal Procedure seeking regular bail in connection with Mundra Police Station CR No. 1 of 2012 (NDPS) under sections 8(C), 20(b) & 29 of NDPS Act.
3. Mr.
J.A.Dave, learned counsel for the applicant, at the outset submitted that in the instant matter, the investigation is over and the charge-sheet is filed and the quantity of Ganja weighing 2 kg and 980 gms allegedly came to be seized. My attention was drawn to the orders passed passed by this Court namely order dated 5.7.2011 passed in Criminal Misc. Application No. 9092/11, dated 23.09.2011 passed in Criminal Misc. Application No. 12823/2011, dated 7.3.2011 passed in Criminal Misc. Application NO. 2040/2011 and dated 28.03.2012 passed in Criminal Misc. Application NO. 3012/2012. Mr. Dave submitted that considering the quantity seized and as per the Notification No. 1055(E) dated 19/10/2011 issued in this connection by the Department of Revenue, Ministry of Finance, Central Govt. under the provisions of the NDCS Act, wherein at sl. no. 55, Ganja, prescribes commercial quantity as 20 kg and the small quantity as 1 kg. and in the instant matter, since the quantity allegedly seized is more than small quantity, but lesser than commercial quantity, for which the punishment prescribed is imprisonment upto 10 years, the application may be granted.
4. Heard Mr. K.L.Pandya, learned APP for the respondent-State.
5. Having considered the submissions advanced on behalf of both the sides, so also considering the FIR and the fact that quantity of Ganja seized in the instant case is less than commercial quantity and in that background, considering the above referred earlier decisions of this Court, the application deserves to be allowed.
6. Learned counsel for the parties do not press for further reasoned order.
7. 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 CR No. 1 of 2012 (NDPS)with Mundra Police Station, on executing a 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 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;
8. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
9. If breach of any of the above conditions is committed, the Trial Judge concerned will be free to issue warrant or take appropriate action in the matter.
10. Bail bond to be executed before the lower court having jurisdiction to try the case.
11. 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.
12. 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.
13. Rule is made absolute to the aforesaid extent. D.S. is permitted.
(J.C.Upadhyaya, J.) cmj/ Top