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2022 DIGILAW 596 (GUJ)

Mohammad Salman Hanif Shaikh v. State Of Gujarat

2022-04-27

A.Y.KOGJE

body2022
ORDER : 1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.NDPS/11192015200884 of 2020 with Changodar Police Station, District-Ahmedabad (Rural), for the offence punishable under Sections 8(c), 21(c), 22(c), 29 of the N.D.P.S. Act. This application is filed on the basis of the liberty reserved under order dated 02072021 passed in Criminal Misc. Application No.2238 of 2021. 2. Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 3. Learned Advocate for the applicant submitted that though the applicant was found in conscious possession of the substance, but the substance was only Codein syrup, which is medicine and therefore, in due course of his work, he was driving two wheeler on which bottles of Codein were being carried by the co-accused, who has been enlarged. 4. Learned Advocate for the applicant submitted that other coaccused persons who have been involved in the offence, have also been enlarged on regular bail by various orders of various benches of this Court. He has drawn attention of this Court to orders passed in Criminal Misc. Application No.1918 of 2021 dated 30032021 in case of Allauddin Dagdubhai Mansuri, Criminal Misc. Application No.16881 of 2020 dated 22122020 in case of Harish Puharaj Chaudhari and Criminal Misc. Application No.1333 of 2021 dated 09032021 in case of Manojbhai Madanlal Mahesvari. He has laid special emphasis on the order passed in case of Allauddin Dagdubhai Mansuri stating that said Allauddin Dagdubhai Mansuri was pillion rider on the two wheeler carrying Codein bottles and if he is enlarged, the case of the applicant should be considered on the ground of parity. 5. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned Additional Public Prosecutor also submitted that the offence is of serious nature and the applicant is connecting link between the supplier and end users and therefore, is an important part of organized crime for supplying the drugs. 6. Learned Additional Public Prosecutor has also submitted that considering the quantity of the Narcotic substance involved, the provision of Section 37 are clearly attracted. 7. 6. Learned Additional Public Prosecutor has also submitted that considering the quantity of the Narcotic substance involved, the provision of Section 37 are clearly attracted. 7. Having considered the rival submissions of the parties and having perused the documents on record, it appears that the investigation pertains to offence wherein the applicant has been named as accused no.1 and was found in conscious possession, while he was driving two wheeler, which was intercepted by the Police Vehicle. During the course of investigation, in all Narcotic substances, which included Codein Cough syrup as well as Tablets worth Rs.52,21,990/, 222 boxes of Syrup consisting of 26,440 bottles valued at Rs.30,56,600/and 136 boxes of Tablets consisting of 81,600 Tablets valued at Rs.2,10,720/were seized. 8. During the course of investigation, it is found that the accused of this case has been found along with Access motorcycle of his own brother Samir Shaikh from the place with the quantity of illegal intoxicating cough syrup. The quantity is total 35 liter 800 mg valued at Rs.41170/and the quantity from where they have brought were 222 boxes consisting of 26440 bottles of intoxicating cough syrup valued at Rs.30,56,600/and 136 boxes of tablet No. article 81600 valued at Rs. 2,10,720/totaling Rs.33,08,490/commercial quantity has been found from them. The applicant accused of this case used to obtain quantity of illegal intoxicating cough syrup from the coaccused Shailesh and sell at retail to the labourers in the companies at Bavla and surrounding and used to sell accompanied by the coaccused upon calling for the call details of his mobile number during the investigation, it is revealed that Salman, the accused of this case, is in touch with the coaccused Shailesh Kushvaha and on emerging names of the other accused persons during the investigation out of them, (1) Mangilal alias Manish Pukhrajji, CasteChaudhary was arrested on 29/09/2020 at 14:30 hours, (2) Bharatbhai Pukhrajji Chaudhry, was arrested on 05/10/2020 at 17:00 hours and (3) Hareshbhai Pukhrajji Chaudhary, (4) Amit Ramsinh Pal, was arrested on 02/10/2020 at 22:00 hours and have been sent to the Court custody and at present, they are in the Court custody and in this case, accused (1) Mahesh Patel, (2) Harsh Thakkar, (3) Chhagan Pemaram Chaudhary are yet to be arrested and investigation is underway at present. The applicant/ accused in this case left the SOG office at 16:00 hours on 21/09/2020 and was under watch near Vaghjipura patiya. Meanwhile, the applicant/ accused was found within half an hour, hence proceeding was initiated against him. With regard to this offense, panchnama is drawn from 15:30 hours on 21/09/2020 to 12:30 hours on 22/09/2020. Thereafter, written complaint was lodged for the same and the offense was registered at Channgodar police station at 17:00 hours on 22/09/2020. As per the rules of the Government, since it was necessary to get the accused tested for Covid 19 and he was to be arrested if his report is negative. Hence, he was rounded up and his uncle Jamilbhai Nurmamad Shaikh, resident of Govind Patel's chawl, Danilimda, Ahmedabad, was informed in writing about the same. As the Corona report of the accused was negative, he was arrested on 23/09/2020 at 14:30 hours. The applicant/ accused in this case was constantly in touch with the accused Shaileshkumar Kushwah. As per call detail, they have talked to each other 109 times and talked to the co accused Alauddin Dagdubhai Mansuri twice. It was found during investigation that further conversation took place between both the accused persons through Whatsapp calling and message. The applicant/ accused in this case used to work as M.R. in a company named Fomoses Remedic at Sarkhej, Ahmedabad. The applicant in this case had purchased intoxicating cough syrup from the accused in this case Shaileshbhai Kushwah. Shaileshbhai does not have any license to possess or sell such medicine. 9. In connection with the submission of parity, the Court observes that in the order of Allauddin Dagdubhai Mansuri, the Court has specifically observed that said accused had accompanied the applicant as a friend and had no other connection, whereas in case of the applicant, the applicant was in telephonic connection consistently with the main supplier namely Shailesh Kushwah, who is later on now arrested and in custody as well as other accused persons, who were part of the organized crime, whereas the investigation has not found any telephonic connection or call details record of said Allauddin Dagdubhai Mansuri with any other accused except for the present applicant. 10. 10. 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. 11. In view of the aforesaid facts and circumstances, no case is made out for the exercise of discretion in favour of the applicant for the grant of regular bail in connection with aforesaid C.R. Hence, the application is dismissed. Rule is discharged.