Nurmamad @ Nuro Sidikbhai Chharecha vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned advocate Mr. Shivrajsingh B. Rathore appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Manan Maheta appearing on behalf of the respondent-State.

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

The applicant has filed 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. 11202025240261/2024 registered with Jodiya Police Station, Jamnagar for the offence punishable under Sections 8(c), 20(b)(ii)(c) and 29 of NDPS Act.

Learned advocate Mr. Rathore for the applicant would submit that the allegation against the applicant being that while the main accused had been caught with around 5 kilos of the contraband material/charas, and whereas, the applicant was caught by the NCB with around 500 gms of the very same material. Learned advocate would submit that as such, the NCB had registered a case against the present applicant for the said offence and whereas, the applicant had been released on bail with regard to the said offence by the learned Sessions Court vide an order dated 03.06.2025. Learned advocate would submit that based upon the said recovery from the applicant, the name of the present applicant has been incorporated in the present offence. Learned advocate would submit that as such the material caught from the applicant by the NCB and the material here are one in the same. Learned advocate would submit that hence, the present case would amount to be a case of double jeopardy and whereas, he has requested this Court to release the applicant on regular bail on the said count.

As against the same, learned Additional Public Prosecutor Mr. Maheta appearing for the respondent – State has vehemently opposed this application. Learned APP would submit that the present applicant had procured the said material from a co-accused and whereas, he was actively indulging in selling the same. To a pointed query learned APP could not provide any material to show that whether the contraband material which is mentioned in the present offence, is not the contraband material which is mentioned in the case registered by the NCB. Learned APP would submit that having regard to allegations, this Court may not release the present applicant.

Having regard to the fact that the applicant has prayed for grant of regular bail, learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

i. prima facie it appears that the contraband material, which had been caught by the NCB in connection with NCB/AZU/CR-29/2024 registered as NDPS Case No. 7 of 2024 and in the present offence appear to be one in the same i.e. to say that there is no two different sets of the contraband material;

ii. prima facie it appears that the present applicant had got the material by chance i.e. during the course of fishing and whereas, based upon the same the applicant too on a passed buck had tried to sell the same;

iii. though it is stated that the applicant has an antecedent of being involved in a liked offence it appears that he had been acquitted by the learned Trial Court in the said offence and whereas, an appeal is stated to be pending before this 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.

In the facts and circumstances of the case and considering the nature of the allegations made against in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11202025240261/2024 registered with Jodiya Police Station, District:- Jamnagar, on executing a bond of Rs.25,000/-(Rupees Twenty Five 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 Court concerned;

[e] 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 intimation to the I.O.;

[f] to mark presence once a month for a period of six months;

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 Court 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.