MEHULKUMAR MANSUKHLAL NAKRANIversusNARCOTICS CONTROL BUREAU THRO INTELLIGENCE OFFICER

      R/CR.MA/7283/2026                                ORDER DATED: 28/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
            AFTER CHARGESHEET) NO. 7283 of 2026
========================================================
                MEHULKUMAR MANSUKHLAL NAKRANI
                             Versus
       NARCOTICS CONTROL BUREAU THRO INTELLIGENCE OFFICER
========================================================
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR HARNISH V DARJI(3705) for the Respondent(s) No. 1
========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                              Date : 28/04/2026

                               ORAL ORDER


1.      Learned Advocate Mr. Ashish Dagli appearing on behalf of the
applicant moves draft amendment to join the State of Gujarat as respondent
no. 2. The same is granted. Amendment to be carried out forthwith.



2.      Heard learned Advocate Mr. Ashish Dagli appearing on behalf of the
applicant, learned Advocate Mr. Harnish Darji on behalf of the respondent
no. 1– NCB and learned Additional Public Prosecutor Mr. Trupesh
Kathiriya on behalf of respondent no. 2- State.



3.      Rule.      Learned Advocate Mr. Harnish Darji and learned APP
Mr.Trupesh Kathiriya waive service of rule on behalf of the respective
respondents.



4.      The applicant has filed this application under Section 483 of the


                                  Page 1 of 5
     R/CR.MA/7283/2026                                 ORDER DATED: 28/04/2026




Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on
Regular Bail in connection with complaint/arrest memo being F.No.
NCB/AZU/CR-06/2025 registered with Narcotics Control Bureau,
Ahmedabad under          Sections 8(C), 22(C), of the Narcotic Drugs and
Psychotropic Substances Act, 1985 ( hereinafter referred to as the ‘NDPS
Act’) after     filing of the charge-sheet more particularly the application
preferred by the applicant having been rejected by the learned Trial Court.



5.     Learned Advocate for the applicant would submit that considering
the role attributed to the applicant, and nature of the allegation levelled, the
applicant may be enlarged on regular bail. It is further submitted that since
the charge-sheet is filed no useful purpose would be served by keeping the
applicant in jail for indefinite period. It is further contended that the
applicant is ready and willing to abide by all the conditions that may be
imposed by this Court if released on bail.



6.     As against the same, learned Advocate Mr. Darji and learned APP
Mr. Kathiriya for the respective appearing for the respective respondent
have    vehemently objected to the grant of regular bail. Learned Advocate
has submitted that looking to the nature of offence and the role attributed
to the present applicant, this Court may not exercise the discretion in favour
of the applicant and the application may be dismissed.



7.     This Court has heard learned Advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are considered:-




                                   Page 2 of 5
     R/CR.MA/7283/2026                                  ORDER DATED: 28/04/2026




       (i)      The allegation being that the accused had transacted in 100
       bottles of contraband cough syrup containing Codeine Phosphate.



       (ii)     Prima facie it would appear that the present applicant had
       purchased the same for exporting the same and whereas the same had
       been apprehended by the NCB inside the office of the courier
       agency. Beyond the same it does not appear that the present applicant
       was intending to either sell the contraband in the country or the
       applicant was sending the contraband for using the same for any
       illegal purposes outside India.



       (iii)    Having considered the limited number of contraband bottles
       i.e 100 in number and also having regard to the fact that the applicant
       is in custody since 02.08.2025, the charge-sheet having been filed and
       the applicant not having any antecedents this Court is inclined to
       consider the present application.



       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.



7.     In the facts and circumstances of the case and considering the nature
of the allegations made against the applicant in the First Information
Report, 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.


                                    Page 3 of 5
      R/CR.MA/7283/2026                                  ORDER DATED: 28/04/2026




8.       Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with complaint/arrest memo being F.No.
NCB/AZU/CR-06/2025 registered with Narcotics Control Bureau,
Ahmedabad on executing a bond of Rs.25,000/- (Rupees Twenty Five
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;

      [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.



9.       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 Court concerned will be
free to take appropriate action in the matter.



10.      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.



                                     Page 4 of 5
            R/CR.MA/7283/2026                                                         ORDER DATED: 28/04/2026




     11.       At the stage of trial, the trial court shall not be influenced 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.



     12.       The application is allowed in the aforesaid terms. Rule is made
     absolute to the aforesaid extent. Direct service is permitted.




                                                                                       (NIKHIL S. KARIEL,J)
     NIRU




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NIRU ROSHAN SHAH(HC00211), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 29/04/2026 11:06:20




                                                         Page 5 of 5