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2011 Supreme(Guj) 342

ANANT S.DAVE
Kalpesh Navindchandra Daftary – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. K.S. Nanavati, Senior Advocate, and Mr. P.M. Thakkar, Senior Advocate, with Mr. Samir J. Dave, for the Applicant.
Mr. S.V. Raju, Senior Advocate, for the Complainant.
Mr. P.S. Champaneri, Additional Solicitor General of India for the DRI.
Mr. A.J. Desai, APP, for the State of Gujarat.

Judgment

Anant S. Dave, J.—This Special Criminal Application/Writ Petition is preferred by the petitioner [original accused] under Article 226 and 227 of the Constitution of India and in the matter of the provisions of Section 167(2) of the Code of Criminal Procedure, 1973 [for short, ‘the Code’] with a prayer to release the petitioner on ‘default bail’ in connection with first information report being C.R. No. I-45 of 2010 registered with Dahej Police Station, District Bharuch, on 18th July 2010, for the offences punishable under Sections 406, 420, 466, 467,468, 471, 472, 474, 120B and 34 of the Indian Penal Code.

2. It is not in dispute that earlier the petitioner came to be arrested by the Directorate of Revenue Intelligence under Section 135 of the Customs Act being DRI/AZU/INQ-03/00 on 14th July 2010 and the petitioner was sent to judicial custody and since then the petitioner was in Sabarmati Central Prison, at Ahmedabad.

3. It is alleged in the first information report being C.R. No. I-45 of 2010 registered with Dahej Police Station that the petitioner and other co-accused have in connivance with each other forged licences and such licences were transferred through different tr




























































































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