Allowed

Irfan Salim Saiyed v. State of Gujarat

Gujarat HC21 Mar 2022CR.MA/2549/2022

Case brief

AI extract

What is this about?

Single judge allowed regular bail to an applicant accused of narcotic offences where an intermediate quantity of Mephedrone was recovered from his person. Discretion was exercised in his favour due to lack of antecedents and pending trial, subject to standard bond conditions.

What did the court decide?

Criminal Miscellaneous Application allowed; applicant ordered to be released on regular bail upon execution of a personal bond of Rs. 15,000 with one surety and compliance with specified conditions.

Irfan Salim Saiyed Vs State of Gujarat — Narcotics (NDPS) | Gujarat HC (2022)

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R/CR.MA/2549/2022 ORDER DATED: 21/03/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 2549 of 2022

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================================================================ IRFAN SALIM SAIYED

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Versus

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STATE OF GUJARAT

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================================================================

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Appearance:

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MR. SOEB R. BHOHARIA(2205) for the Applicant(s) No. 1 VALIMOHAMMED PATHAN(6383) for the Applicant(s) No. 1 MR JK SHAH, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1

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================================================================

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CORAM: HONOURABLE MS. JUSTICE GITA GOPI

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Date : 21/03/2022

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ORAL ORDER

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This application has been filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being Part B C.R. No.11191012211362 of 2021 registered with Danilimda Police Station, Ahmedabad City, for the offences punishable under Sections Sections 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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Learned Advocate for the applicant submitted that the contraband article ‘Mephedrone’ of 35 grams is recovered from the bag of the present applicant on a personal search being carried out. It is submitted that the quantity is intermediate and there are no criminal

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Page 1 of 4

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R/CR.MA/2549/2022 ORDER DATED: 21/03/2022

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antecedents qua the applicant. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

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Learned Additional Public Prosecutor submitted that both the accused were together and therefore, the total quantity of the ‘Mephedrone’ drug has to be taken into consideration while deciding the application. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.

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Heard learned Advocates on both the sides and perused the material on record. The panchnama suggests that during the search made, the muddamal was recovered from the pocket of the present applicant, and the quantity is intermediate quantity. There are no criminal antecedents recorded of similar nature qua the applicant. Considering the facts and circumstances of the case and also that the trial will take its own time to conclude, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

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Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with the First Information Report being Part B C.R. No.11191012211362 of 2021 registered with Danilimda

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Page 2 of 4

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R/CR.MA/2549/2022 ORDER DATED: 21/03/2022

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Police Station, Ahmedabad City on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

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[a] not take undue advantage of liberty or misuse liberty;

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[b] not act in a manner injurious to the interest of the prosecution;

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[c] surrender passport, if any, to the lower court within a week;

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[d] not leave India without prior permission of the concerned trial court;

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[e] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court;

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The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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.

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Page 3 of 4

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R/CR.MA/2549/2022 ORDER DATED: 21/03/2022

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Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

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Sd/- (GITA GOPI,J)

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CAROLINE

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Irfan Salim Saiyed v. State of Gujarat

Case brief

What is this about?

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Irfan Salim Saiyed v. State of Gujarat

Case brief

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