JUDGMENT : Alpesh Y. Kogje, J. 1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being CR No. 11823026210497 of 2021 registered with Amletha Police Station, Narmada for offence under Sections 8(C), 20 and 29 of the NDPS Act, 1985, which has now culminated into Criminal Case No. 7 of 2021 pending before 5th Additional District and Sessions Judge, Rajpipla. 2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the applicant is falsely involved in the offence and only on the basis of version given by the co-accused, who was apprehended with contraband. 2.1 It is submitted that the applicant was not named in the FIR, he was not found in possession of contraband and even during the course of investigation, no incriminating material is found involving the applicant in the offence. It is submitted that the applicant is not the seller or purchaser of the contraband and therefore cannot be treated to have abetted the offence so as to attract bar of Section 37 of the NDPS Act. 2.2 Reliance is placed on decision of the Apex Court in case of Tofan Singh v. State of Talim Nadu, reported in 2021 (4) SCC 1 to submit that merely on the basis of statement of co-accused, the applicant cannot be held responsible. 3. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the offence is of serious nature involving 23 plus kg. of "ganja" and that role of the applicant is coming out actively on the basis of mobile connectivity between the accused apprehended with contraband and the applicant. 3.1. It is also submitted that the applicant is having several antecedents of various nature including offence under the NDPS Act. 4. Having heard learned Advocates for the parties and having perused documents on record, it appears that the investigation pertains to seizure of 23.945 kg. of "ganja" which was found from the possession of co-accused-Shankarlal Prabhulal Nayak and Rampal @ Devilal Bhil. During the course of investigation, two mobile numbers had surfaced which belonged to purchasers and the seller. 4. Having heard learned Advocates for the parties and having perused documents on record, it appears that the investigation pertains to seizure of 23.945 kg. of "ganja" which was found from the possession of co-accused-Shankarlal Prabhulal Nayak and Rampal @ Devilal Bhil. During the course of investigation, two mobile numbers had surfaced which belonged to purchasers and the seller. From the investigation, it appears that accused no. (1) and (2) in the case of Thana Beat-2, whose names have been mentioned at Column no. (1), while traveling on their private motor-cycle on Rajpipla-Movi Highway, ahead of the bus-stand at Boridra village, on the bridge having divider, 14 km. to the North from the Police Station, at 15:35 hours on 17/09/2021, when stopped and examined, total 21 packets of dry Cannabis weighing 23 kilogram and 944 grams, valued at Rs. 2,39,440/-, was found in two traveling bags. The accused, while transporting illegally from Telangana to Gujarat, were found with one motor-cycle valued at Rs. 40,000/- and two mobile phones valued at Rs. 3000/-. During their physical examination, Rs. 900/- cash and two bags valued at Rs. 0 were also found. During the physical examination of the accused no. (3), one mobile phone valued at Rs. 10,000/- and Rs. 1800/- cash were found. Thus, the muddamal of total value of Rs. 11800/- was found from accused no. (3). On being asked, accused no. (1) stated that the muddamal had been brought from Khamam area of Telangana at the instance of accused no. (3). He further states that, "accused no. (3)-Mevalal used to speak to me on WhatsApp calls from mobile numbers 7729464186, 7990596125, 9544168827. The accused no. (1) and (2) were caught while transporting the dry Cannabis at the instance of accused no. (3). 5. The role of the applicant is therefore evident from the evidence on record. 6. Over and above, the applicant is also having antecedents, where in the year 2018, the applicant was arrested in connection with offence of theft registered with Raipur Police Station. Thereafter, in the year 2020, another offence under the provisions of NDPS Act was registered Bhimganj Police Station for paddling of 1 kg "ganja", where also the applicant has been arraigned as accused. Again in the year 2020, an offence under the Arms Act is registered against the applicant at Raipur Police Station. Yet another offence is registered at Mandal Police Station. 7. Again in the year 2020, an offence under the Arms Act is registered against the applicant at Raipur Police Station. Yet another offence is registered at Mandal Police Station. 7. It would be appropriate to give due regards to the submissions made by the learned APP bringing of notice of the Court the grim situation that is prevailing, especially in the State of Gujarat where offences under the provision of NDPS Act dealing with the drugs like 'Ganja', Charas', 'Mephadrone' and 'Amphetamine' are on huge increase and the action is taken by the Government Agency to deter the use from indulging into the activities related to drugs which include the drug dealing, drug peddling and drug consuming. 8. The Court has also perused judgment and order of the Sessions Court and finds that the Sessions Court has given cogent reasons while rejecting bail application of the applicant. 9. In view of the aforesaid, no case is made out for exercising discretion in favour of the applicant. The application deserves to be and is hereby dismissed. Rule is discharged.