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2022 Supreme(Guj) 1849

SAMIR J. DAVE
Shankar @ Shiva Maheshwar Savai – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.S. Timbalia.
For the Respondent: Maithili Mehta, J.K. Shah.

JUDGMENT :

SAMIR J. DAVE, J.

1. The present bail application is filed by the applicants with a request to release the applicants on default bail in connection with CR No. II-470 of 2019 registered with Kadodara GIDC Police Station, District Surat for the offence punishable under Sections 8(c), 20(c), 29 of the NDPS Act.

2. Brief facts of the present case are as under:

    2.1 That, the applicants came to be arrested with contraband which prima facie suggests Ganja and investigating agency has registered an offence being CR No. II-470 of 2019 registered with Kadodara GIDC Police Station, District Surat for the offence punishable under Sections 8(c), 20(c), 29 of the NDPS Act. Thereafter, the investigation of the offence has been started and contraband has been sent to the FSL by letter No. DFS/EE/2019/NC/250 dated 01.11.2019 and thereafter, the investigating agency has filed the incomplete charge sheet on 24.12.2019 and in column no. 15 of the charge sheet, it has been mentioned that the contraband has been sent to the FSL and once FSL will issue the certificate, they will be produced. As per noting of column no. 15 - Certificate was not available with the investigating agency on 24.12.2019

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