Rajesh Ramdas Jayswal vs State Of Gujarat

A.J. Desai, J

This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered as C.R. No. II - 1 of 2019 with Harni Police Station for the offences punishable under Sections 8(C), 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Learned advocate for the applicant submits that investigation is over and the quantity allegedly recovered from the applicant was approximately of 3.14 kg of Ganja, which is less than the commercial quantity as 20 kgs. Besides, the applicant has no criminal antecedents and considering the above, the applicant may be enlarged on regular bail by imposing suitable conditions.

The learned APP opposes the grant of bail looking to the nature and gravity of offences.

Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

The following facts are taken into consideration:

[i] 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 the NDPS Act, Sr. No. 55, Ganja, prescribes commercial quantity as 20 Kg;

[ii] the quantity in the present case is below the commercial quantity prescribed;

[iii] the punishment prescribed may extend upto 10 years and fine upto Rs. 1,00,000/-;

[iv] rigour of Section 37 of the NDPS Act may not be applicable;

[v] there are no past antecedents;

I have also considered the orders passed by a coordinate bench in similar type of cases.

I have heard learned advocates appearing for the parties. Considering the offence as alleged in the FIR and also considering the nature of allegations made in the FIR, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. II - 1 of 2019 with Harni 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 injuries 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 before the concerned Police Station on every 1st and 15th day of every English Calendar month between 11.00 a.m. to 2.00 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 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 issue warrant or 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 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 made absolute to the aforesaid extent.