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2021 Supreme(Guj) 965

A.Y.KOGJE
ADEEL SALIM NURANI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant :MR. N. D. NANAVATY, SR. ADVOCATE with MR.D K.PUJ
For The Respondent: MR. L. B. DABHI, APP.

ORDER :

1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I11210015200082 of 2020 with SURAT DCB POLICE STATION, DISTRICTSURAT, for the offence punishable under Sections 8(C), 22(c), 29 of NDPS Act.

2. Learned Senior Advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. Learned Senior Advocate for the applicant submitted that now the investigation is concluded and chargesheet is filed and the entire evidence is in custody of the Investigating Officer and therefore, no purpose will be served to continue the applicant in custody. Moreover, it is also submitted that the applicant has been in custody since 1st October, 2020. The trial is not likely to conclude in near future and on this ground alone, the applicant is required to be enlarged on regular bail.

4. It is submitted that the applicant is not having any past antecedents and in fact, the prohibited Narcotic substance was never recovered from the conscious possession of the applicant and therefore,

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