Gujarat HC denies bail to accused who bought cough syrup from unlicensed supplier citing organized crime links

Gujarat HC dismissed regular bail application for accused who purchased intoxicating cough syrup from unlicensed supplier. Court distinguished applicant's case from co-accused who received bail, noting applicant maintained consistent telephonic contact with main supplier and other accused involved in organized crime, while co-accused had limited connection. Court emphasized rising drug offenses in Gujarat including ganja, charas, mephadrone and amphetamine, requiring deterrent action against drug dealing, peddling and consumption activities under NDPS Act.

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Issues: Regular bail application under Section 439 of the Code of Criminal Procedure, 1973 for offences under Sections 8(c), 21(c), 22(c), 29 of the N.D.P.S. Act.

Analysis:
1. Nature of Offence and Applicant's Contentions: The applicant sought regular bail based on the reserved liberty from a previous order. The applicant's advocate argued that the substance in possession was Codein syrup, a medicine, and the applicant was driving a two-wheeler where the bottles were being carried by a co-accused who had been granted bail. Reference was made to other co-accused being enlarged on bail by various court orders.

2. Opposition by the State: The Additional Public Prosecutor opposed bail, highlighting the gravity of the offence. It was argued that the applicant played a crucial role in an organized drug crime network as a connecting link between suppliers and end-users. The prosecutor emphasized the applicability of Section 37 due to the quantity of the narcotic substance involved.

3. Investigation Details and Accusations: The investigation revealed that the applicant was found in possession of a significant quantity of illegal intoxicating cough syrup and tablets. The applicant was linked to the supplier and was involved in selling the substances to laborers in specific areas. The accused had telephonic connections with key individuals involved in the organized drug crime.

4. Court's Observations and Decision: The court noted the lack of parity with other enlarged co-accused and the serious nature of drug-related offences in the state. Considering the prevailing situation and the government's efforts to combat drug-related activities, the court dismissed the bail application, ruling that no case was made out for granting bail in connection with the mentioned case. The exercise of discretion in favor of the applicant was denied, and the application was dismissed, with the rule discharged.

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