NABI HASAN MAHAMADALI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent- State.

(2.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the FIR No. 11195003200752 of 2020 registered with Amirgadh Police Station, Banaskantha for offences punishable under Sec. 8(C) , 20(B) ii,C, 29 of the NDPS Act .

(3.) Mr. Rana, learned advocate for the applicant submitted that as per the prosecution case, Mohammad Varis-accused no.1 and the present applicant were traveling together in Gujarat travels bus. Mr. Rana states that accused nos.1, 2 and 4 are from Uttar Pradesh and as per the prosecution case, the present applicant is friend of Javed who has been granted bail and the prosecution case suggests that the present applicant had informed accused no.1 that if he supplies Charas to his friend - Javed, he would in turn give him Rs.50,000.00. Mr. Rana submits that the relations between the present applicant and Javed being friend is not denied and the Bank transaction that is attracted in the matter is monetary transfer of Rs.10,000.00 and Rs.8,000.00 which would be a very smaller amount in comparing to Charas worth 1.47 kgs. valued at Rs.8,82,600.00. Mr. Rana states that during the raid, nothing was found from the bag of the present applicant, nor anything was found in the bus seat of the applicant while the contraband article was found from the custody of the co-accused no.1. Hence, Mr. Rana submits that being a public bus, there cannot be any common intention nor conscious possession would be attributed to the present applicant.