R/CR.MA/23162/2025 ORDER DATED: 11/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 23162 of 2025 ========================================================== SAJID MAHAMMADVADLI SANVI Versus STATE OF GUJARAT ========================================================== Appearance: VASIMRAJA A KURESHI(8609) for the Applicant(s) No. 1 MR NJ SHARMA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 11/11/2025 ORAL ORDER 1. Heard learned advocate Mr.V.A.Kureshi appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.N.J.Sharma appearing on behalf of the respondent-State. 2. Rule. Learned APP waives service of rule on behalf of the respondent-State. 3. The applicant has &led 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. 11199056250419/2025 registered with Vagra Police Station, Bharuch for the o6ence punishable under Sections 8(C), 20(b)(ii)(B) of the N.D.P.S. Act. 4. Learned advocate Mr.Kureshi for the applicant would R/CR.MA/23162/2025 ORDER DATED: 11/11/2025 submit that the applicant was found in possession of the contraband material namely Ganja weighing 1.341 kgs. and whereas, it is submitted that there is no other allegation of the applicant using the same for sale etc. Learned advocate would submit that considering the fact of the applicant having no other antecedents of the same nature or of any nature and having regard to the charge-sheet being &led, this Court may consider releasing the present applicant on regular bail more particularly having regard to the age of the present applicant. 5. As against the same, learned Additional Public Prosecutor Mr.Sharma appearing for the respondent – State has vehemently opposed the grant of regular bail. Learned APP would further submit that the material was found in his conscious possession more particularly in the residence. 6. 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. 7. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following R/CR.MA/23162/2025 ORDER DATED: 11/11/2025 aspects are considered:- i. The fact of the contraband material being much less than the commercial quantity i.e. the material found in the house of the applicant being 1.300 kgs. approximately, whereas, the commercial quantity being 20 kgs. ii. The fact of there being no other antecedents against the present applicant of being involved in similar o6ence. iii. The fact of there being no allegation that the applicant was intending to sell the material in question. iv. The age of the applicant being around 55 years. 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. 8. 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 &t case to exercise the discretion and enlarge the applicant on regular bail. Page 3 of 5 R/CR.MA/23162/2025 ORDER DATED: 11/11/2025 9. 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. 11199056250419/2025 registered with Vagra Police Station, Bharuch, 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]mark presence once a month for a period of six months before the concerned police station. Page 4 of 5 R/CR.MA/23162/2025 ORDER DATED: 11/11/2025 10. The Authorities will release the applicant only if he is not required in connection with any other o6ence 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. 11. 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. 12. At the stage of trial, the trial court shall not be inFuenced 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. 13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) Bhoomi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 12/11/2025 13:50:25