Gujarat High Court
Adil Salim Noorani vs State Of Gujarat on 2 May, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
R/CR.MA/5846/2025 ORDER DATED: 02/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 5846 of 2025
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ADIL SALIM NOORANI
Versus
STATE OF GUJARAT
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Appearance:
MR. J.M.PANCHAL, SENIOR ADVOCATE with MR. KISHAN H DAIYA(6929)
for the Applicant(s) No. 1
MR.L.B.DABHI, APP, for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 02/05/2025
ORAL ORDER
1. The present application is filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 (Section 439 of the Code of Criminal Procedure, 1973) for regular bail in connection with FIR being I-CR No.11210015200082 of 2020 registered with DCB Police Station, Surat City for offence under Sections 8(C), 22(C) and 29 of the NDPS Act.
2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
4. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
Page 1 of 10 Uploaded by SIDDHARTH(HC01065) on Tue May 06 2025 Downloaded on : Tue May 06 23:38:06 IST 2025NEUTRAL CITATION R/CR.MA/5846/2025 ORDER DATED: 02/05/2025 undefined I. The FIR is registered on 22.09.2020 for the offence which is alleged to have taken place on 22.09.2020.
II. The applicant is in jail since 01.10.2020.
III. The investigation is concluded and charge-sheet is filed.
IV. This Court had earlier rejected the bail application of this applicant by a reasoned order dated 24.11.2021 passed in Criminal Misc. Application No.7240 of 2021. The applicant had filed Special Leave to Appeal (Crl.) No(s). 1460 of 2022 before the Supreme Court and the petition was dismissed as withdrawn by order dated 25.02.2022. The present application is filed on the basis of the liberty reserved in favour of the applicant vide order dated 18.10.2024.
V. The trial is in progress, where 42 witnesses have been examined and it appears that conclusion of trial will take substantial period.
VI. Considering the parity which is drawn with the other accused persons, whose role is identical to that of the applicant, which is given as under:-
(1) Nazil @ Nazim Rashid Saiyed- The accused used to purchase MD drugs from Mohammad Salman @ Aman Jhaveri and would sell the same in small packets in the open area near the brick kilm or in the slum areas near Rander causeway.
The bail applications of this co-accused initially have been rejected by the Co-ordinate Bench of this Court vide orders dated 22.09.2022, 16.01.2023 and 27.10.2023 passed in CRMA Nos.16218 of 2022, 838 of 2023 and 15482 of 2023 respectively. However, this accused has been enlarged on regular Page 2 of 10 Uploaded by SIDDHARTH(HC01065) on Tue May 06 2025 Downloaded on : Tue May 06 23:38:06 IST 2025 NEUTRAL CITATION R/CR.MA/5846/2025 ORDER DATED: 02/05/2025 undefined bail vide order dated 03.01.2025 passed in CRMA 22165 of 2024 passed by the Co-ordinate Bench of this Court.
(2) Pratik Navinbhai Brahmbhatt- The accused procured 4 grams of MD drugs from Sanket Asalaliya near the Jogani Temple, filled it into 8 to 10 sachets and consumed it for intoxication. Also on several occasions, they sold 1 gram of MD drugs at the rate of Rs.2,500/-.
This co-accused has been enlarged on bail vide order dated 23.04.2024 passed in CRMA 6522 of 2024 by this Court.
(3) Mehul @ Minesh Naranbhai Barot-This co- accused acted on the directions of Pratik Brahmbhatt and used to call Sanket Aslaiya and placed orders for MD drugs in quantities of 4 to 6 grams. Sanket would arrive near area at Parvat Patiya and delivered MD drugs packed in sachets at the rate of Rs.1,500/- to Rs.1,700/- per gram, which were paid for in cash. The said drugs were then handed over to Pratik Brahmbhatt. In this manner, MD drugs were procured from Sanket Aslaliya on multiple occasions which were consumed for intoxication and also sold at the rate of Rs.2,000/- to 2,500/- per gram.
This co-accused initially approached this Court seeking regular bail, however, this Court has rejected the bail application vide order dated 24.07.2024 passed in CRMA No.11066 of 2024. Against this order, this co-accused has approached the Hon'ble Supreme Court by way of SLP (Crl.) No.13876 of 2024. The said SLP was withdrawn vide order dated 14.10.2024 after making some submissions and hence the SLP stood dismissed as withdrawn. Ultimately, the co-accused was enlarged on regular Page 3 of 10 Uploaded by SIDDHARTH(HC01065) on Tue May 06 2025 Downloaded on : Tue May 06 23:38:06 IST 2025 NEUTRAL CITATION R/CR.MA/5846/2025 ORDER DATED: 02/05/2025 undefined bail by this Court vide order dated 25.04.2025 passed in CRMA No.5924 of 2025.
(4) Mrutyunjay @ Bappi @ Suraj Mayarajsinh Thakor-This accused had been regularly purchasing MD drugs in quantities varying between 5 grams to 30 grams from accused Mohammad Salman @ Aman Jhaveri for approximately one and half years. Accused Mohammad Salman @ Aman Jhaveri used to instruct this accused to collect MD drugs at different delivery points. For this purpose, this accused used to travel in his vehicle to collect the consignment and used to take witness Sandip Mahavir alongwith him. He also introduced the said witness to Mohammad Salman and this witness used to procure drugs from accused Mohammad Salman upon the instructions of this accused.
The co-accused approached this Court seeking regular bail, which was granted vide order dated 25.11.2022 passed in CRMA 13671 of 2022.
(5) Raghuraj @ Raghu Rameshbhai Rathod-The accused used to purchase MD drugs from Mohammad Salman @ Aman Jhaveri at the rate of Rs.1,300 to Rs.1,500/- per gram and used to sale the said drugs to customers at the rate of Rs.2,000/- to Rs.2,500/- per gram under the guise of operating Spa business and pan stall.
The co-accused approached this Court seeking regular bail, which was granted vide order dated 07.03.2024 passed in CRMA 1924 of 2024.
(6) Dennis Surendra Jotta-This accused has known the main accused of the present offense namely Mohammad Salman @ Aman Jhaveri since the year Page 4 of 10 Uploaded by SIDDHARTH(HC01065) on Tue May 06 2025 Downloaded on : Tue May 06 23:38:06 IST 2025 NEUTRAL CITATION R/CR.MA/5846/2025 ORDER DATED: 02/05/2025 undefined 2019. He remained in contact with the main accused through five different mobile numbers and used to procure drugs from him. Mohammad Salman @ Aman Jhaveri used to deliver drugs to this accused at various locations and were further sold for which payments were collected in cash.
This co-accused initially approached this Court seeking regular bail, however, the said application was withdrawn vide order dated 08.06.2022 in CRMA No.9939 of 2022 with a liberty to file an appropriate application. Thereafter, the accused approached this Court for regular bail which was rejected vide order dated 01.02.2023 passed in CRMA 16203 of 2022. Against the aforesaid order, this co-accused has approached the Hon'ble Supreme Court by way of SLP (Crl.) No.4267 of 2023. The said SLP was dismissed vide order dated 09.08.2023. Ultimately, the co-accused was enlarged on regular bail by coordinate bench of this Court vide order dated 28.02.2025 passed in CRMA No.23992 of 2024.
(7) Veeramani @ Anna @ Panduran Andyapan @ Karuppaasami Andypan-The accused was approached by Manoj Laxman Patil, who offered to supply MD drugs to him for the purpose of sale. Manoj Patil introduced this accused to Pravin Mhatre and informed him that Pravin would bring MD drugs and assist him in selling them. Manoj used to handover the drugs to this accused and from there, Pravin Mhatre used to take this accused to Mumbai V.T. Railway station from where this accused would go to nearby areas and sell the MD drugs.
The applicant was granted parole leave by Co- ordinate Bench of this Court, which he had jumped and remained absconding and, thereafter, after a period of 286 days he was arrested by the police Page 5 of 10 Uploaded by SIDDHARTH(HC01065) on Tue May 06 2025 Downloaded on : Tue May 06 23:38:06 IST 2025 NEUTRAL CITATION R/CR.MA/5846/2025 ORDER DATED: 02/05/2025 undefined officer. During that period also, one another FIR has been registered against him under the provisions of NDPS Act.
Thereafter, the bail application of this accused has been considered by the Co-ordinate Bench of this Court vide order dated 11.10.2024 passed in CRMA No.18962 of 2024.
(8) Vijay Natubhai Dodiya-This accused used to purchase MD drugs from Mohammad Salman @ Aman Jhaveri which were sold by this accused. This accused also consumed MD drugs alongwith his friend Sandipbhai Mali.
This accused has been granted bail by this Court vide order dated 19.04.2024 passed in CRMA 16935 of 2023.
(9) Niyaz @Munna Tufail Ahmad Ansari-This accused and Soeb @ Saddam Mustaq Patel together at intervals of two to three days would call the main accused-Mohammad Salman @ Aman Jhaveri and procure drugs from him outside the residence of the accused. On several other occasions, the drugs were sold at Surat Railway Station to Mohammad Salman @ Aman Jhaveri. In August-2020, the main accused called Soeb and this accused and told them to inform if they required drugs, upon them stating that they had no money, the main accused started supplying drugs on credit, which were sold by this accused and Soeb.
This accused has been granted bail by this Court vide order dated 23.08.2023 passed in CRMA 860 of 2023.
(10) Mohamamad Sufiyan @ Baba Ashraf Memon- This accused knew the main accused- Mohammad Page 6 of 10 Uploaded by SIDDHARTH(HC01065) on Tue May 06 2025 Downloaded on : Tue May 06 23:38:06 IST 2025 NEUTRAL CITATION R/CR.MA/5846/2025 ORDER DATED: 02/05/2025 undefined Salman @ Aman Jhaveri for a period of one and half years. This accused used to procure MD drugs from main accused and sold the said drugs.
This accused has been granted bail by this Court vide order dated 29.11.2024 passed in CRMA 15445 of 2024.
VII. evidence against the applicant is that he has received 242 phone calls, however as per the charge-sheet, it appears that the co accused Pratik Brahmbhat has made total 35 incoming and outgoing phone calls, co accused Vijay Dodiya has made total of 913 incoming and outgoing phone calls, co accused Niyaz @ Munna has made total of 568 incoming and outgoing phone calls, co accused Mrutujnay @ Suraj has made total of 887 incoming and outgoing phone calls and coaccused Nazil @ Nazim has made total of 388 incoming and outgoing phone calls. these coaccused have been also enlarged on regular bail.
VII. Submission of learned senior advocate that even as per the charge-sheet, the role attributed to the applicant is that of a consumer himself being an addict however, there is no evidence with regard to the applicant indulging in further sale of the drugs.
IX. Submission of learned senior advocate that the role attributed as per the charge-sheet is that the applicant was a proposed purchaser to whom main accused was to supply 291.63 Grams. the applicant himself is an addict and therefore use to receive the drugs from the main accused. those persons who use to consume the drug alongwith the applicant are treated as witnesses where as he drew attention of this court to the charge-sheet wherein column 02 of charge-sheet, they are named as witnesses.
Page 7 of 10 Uploaded by SIDDHARTH(HC01065) on Tue May 06 2025 Downloaded on : Tue May 06 23:38:06 IST 2025NEUTRAL CITATION R/CR.MA/5846/2025 ORDER DATED: 02/05/2025 undefined Witness No. 93, Jaydeepbhai Jitendra Savaliya, used to go to the house of the accused Mohammad Salman to hand over the XUV four-wheeler.
Witness No. 94 is the manager of Seema Auto Mobiles Ltd., and the showroom had TVS Access mopeds, including the model which was recovered from the accused Mohammad Salman.
Witness No.95, Brijalben D/o Rajeshbhai Chandulal Shah, used to consume M.D. drugs along with accused Aadil and used to purchase drugs from accused Mohammad Salman.
Witness No.96, Mrinal was involved in the consumption of M.D. drugs along with the accused Aadil and purchased drugs from accused Mohammad Salman for which payment was made through Paytm.
Witness No.97, Kapil Premprakash Nandwani was involved in consumption of M.D. drugs along with accused Aadil.
Witness No.98, Hitesh Sajjankumar Agrawal was involved in consumption of M.D. drugs along with accused Aadil.
Witness No.100, Nikunj Mansukhbhai Sangani used to purchase drugs from the accused persond - Sufiyan and Raghu and consumed the said drugs.
X. Insofar as the allegation regarding providing residence to the main accused is concerned, nothing has come on record that the said premises were Page 8 of 10 Uploaded by SIDDHARTH(HC01065) on Tue May 06 2025 Downloaded on : Tue May 06 23:38:06 IST 2025 NEUTRAL CITATION R/CR.MA/5846/2025 ORDER DATED: 02/05/2025 undefined given on rent and there is nor on record to indicate that any drugs were recovered from the said premises even when allegedly accused No.1 was occupying the residence.
XI. There is no recovery or discovery from the present applicant or the premises which the applicant had allegedly lent to the main accused.
XII. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.
6. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, 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.
7. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being I-CR No.11210015200082 of 2020 registered with DCB Police Station, Surat City, on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
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(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present address of his 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 Trial Court;
8. 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 Judge concerned will be free to issue warrant or take appropriate action in the matter.
9. 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.
10. At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.
11. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(A.Y. KOGJE, J) SIDDHARTH Page 10 of 10 Uploaded by SIDDHARTH(HC01065) on Tue May 06 2025 Downloaded on : Tue May 06 23:38:06 IST 2025