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2021 Supreme(Guj) 7

B.N.KARIA
Harshal Prafulbhai Desai – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. P.M. Lakhani, Mrs. R.P. Lakhani.
For the Respondents: Mr. Devang Vyas, Ms. M.H. Bhatt.

JUDGMENT :

B.N. KARIA, J.

1. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with complaint being DRI/F No. DRI/AZU/SRU/A/NDPS-01/2020 registered on 09.07.2020 with the department of Revenue Intelligence, Surat for the offence punishable under Sections 22, 23, 25, 25A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short “NDPS Act”).

2. Heard learned advocate for the applicant; learned APP for the respondent State and learned Additional Solicitor General of India for the respondent no. 2.

3. It was submitted by learned advocate for the applicant that applicant is quite innocent and has not committed any of the offence as alleged against him in the FIR and no prima-facie case is made against the present applicant. That, the applicant has been wrongly arraigned as an accused and applicant had not committed any offence as alleged. That applicant is one of the proprietor of M/s. Orlando Healthcare since the year 2012 and the said firm was engaged in trading of pharmaceutical materials. The applicant joined M/s. Ardor Drugs Pvt. Ltd. as a director only in the year 2019. It is highly

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