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UMESH A.TRIVEDI
Yash Jayeshbhai Champaklal Shah – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Counsel for the Parties:
For the Applicant No.1:Mr. Rahul R. Dholakia(6765), Advocate
For the Respondent No.1: Ms. Maithali Mehta, APP

ORDER (ORAL)

Umesh A. Trivedi, J.—The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail post submission of charge-sheet in connection with an FIR being C.R. No. 11191012211362 of 2021 registered with Danilimda Police Station, District : Ahmedabad for the offences under Sections 8(C), 22(c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, (for short, ‘the Act’).

2. Mr. Rahul Dholakia, learned advocate for the applicant submitted that going through the entire papers of charge-sheet except the call data records showing that in an around the time of offence, applicant was in contact with co-accused. Over and above that, prosecution relies on Whatsapp chat in between the present applicant and the accused. He has further submitted that, as claimed by the prosecution, material Whatsapp chats are deleted from the devices and therefore, it has been sent for FSL for the purpose of retrieving. He has further submitted that though quantity seized from two of the accused found in possession of Methamphetamine about 62 gram, which is commercial quantity, nothing is recovered or found in possession of applica

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