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2022 (4) TMI 1597 - GUJARAT HIGH COURTSeeking grant of Regular bail - conscious possession of contraband substance or not - grounds of parity - HELD THAT:- 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. 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. 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. Thus, 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.
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