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A. Y. KOGJE
Vishal Kumar S/o. Jitendra Kumar Yadav – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. The present successive application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection NDPS File No.NCB /AZU/CR-07/2017 for offence under Section 8(c), 21(c), 23(c), 25 read with Section 29, 32B (E&F) and Section 60 of the NDPS Act.
2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the applicant is a young man aged 24 years and is in jail since 03.08.2017.
2.1 It is submitted that the applicant is booked as accused only on the basis of suspicion and reckless allegations. It is submitted that the applicant has no connection with the narcotic substance. It is submitted that the applicant was not employed as a crew member and was not found in ship. It is submitted that there is not an iota of material to indicate that the applicant was aware about any conspiracy of other accused persons about drug in question.
2.2 It is submitted that the applicant is not found in conscious
The court emphasized the distinct role of the present applicant compared to the co-accused and the prima-facie evidence of the applicant's involvement in the offence, highlighting the applicability o....
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the legislative intent to prevent drug trafficking and the societal impa....
The main legal point established in the judgment is the need to prove a charge of conspiracy and the conditions for releasing an accused on bail under section 37 of the NDPS Act.
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