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2022 Supreme(Guj) 67

BHARGAV D.KARIA
Abdul Salam Abdul Raheman Kunil – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Harsh R. Ghiya, Advocate
For the Respondent: N.P. Pandya and Hardik Soni, APP.

JUDGMENT :

BHARGAV D. KARIA, J.

1. Heard learned advocate Mr. Nirav P. Pandya for the applicant and learned Additional Public Prosecutor Mr. Hardik Soni for the respondent-State through video conference.

2. This is a successive bail application filed under Section 439 of the Code of the Criminal Procedure in connection with First Information Report being CR No. I-1/2019 registered with ATS Police Station, Ahmedabad, for the offences punishable under Sections 8(c), 21(c), 23(c), 25, 29 and 32(b)(e)(f) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For Short "the NDPS Act").

3. Criminal Misc. Application No. 8431/2020 preferred by the applicant earlier was withdrawn by the applicant and therefore, the same was disposed of by order dated 14th August, 2020 as withdrawn.

4. Learned advocate for the applicant Mr. Pandya has again made submissions on merits of the matter without pointing out the change of circumstances, except for stating that the trial is still pending before the Court below. It was submitted that the petitioner has been arrested in view of call details obtained by the prosecution with regard to his talk with accused no. 12-Haji Nadar who is absconding. On perus

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