Manav Devidas Khatri vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned Advocate Mr. Devansh Kakkad for learned Advocate Mr. A.M. Saiyed on behalf of the applicant and learned Additional Public Prosecutor Mr. L.B. Dabhi for the respondent-State.

Rule. Learned APP waives service of rule on behalf of the respondent-State.

The present applicant who has been arraigned as an accused has preferred this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11199004250788 of 2025 registered with Ankleshwar City ‘A’ Division Police Station, District: Bharuch for the offence punishable under Sections 8(C), 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 ( hereinafter referred to as the ‘NDPS Act’) before filing of the charge-sheet more particularly the application preferred by the applicant having been rejected by the learned Trial Court.

Learned Advocate would submit that the substance- Ganja, recovered from the present applicant is slightly above the small quantity i.e 1 kilogram and whereas recovery being of 1 kilograms and 293 grams. Learned Advocate would submit that as such, there are no other antecedents of the applicant being involved in any such offence in the past and it is submitted that this Court may consider the case of the present applicant for release on regular bail.

Learned APP would object more particularly submitting that the material was found in his conscious possession and that the investigation is still at large.

This Court has heard learned Advocates for the respective parties and perused the FIR as well as passed by learned Session Court as well as affidavit filed by the investigating officer before the learned Trial Court.

This Court has taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.

This Court has also considered the following aspects:

(i) The fact that the offensive material – Ganja, which was recovered from the applicant is slightly above the small quantity, i.e. approximately 293 grams beyond the small quantity, the commercial quantity being 20 kilograms.

(ii) The fact of there being no antecedents against the applicant of being involved in either any offence of the like nature or offence of any other kind.

Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11199004250788 of 2025 registered with Ankleshwar City ‘A’ Division Police Station, District: Bharuch for the offence punishable under Sections 8(C), 20(b)(ii) (B) of Narcotic Drugs and Psychotropic Substances Act, 1985 on executing a bond of Rs.10,000/- (Rupees Fifty Thousands 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 his presence in the concerned Police Station once every three day till the charge-sheet is filed, once a fortnight thereafter for a period of three months, and once in a month thereafter for a period of six months between 11:00 a.m. to 2:00 p.m.

[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 residential address without prior permission of the Sessions Court;

The Authorities will release the applicant only if he is 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 take appropriate action in the matter.

Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law.

At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail.

The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.