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2024 Supreme(Guj) 267

DIVYESH A. JOSHI
Rakeshkumar S/o Lankeshkumar Sahu – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kishan H. Daiya.
For the Respondent: Kartik V. Pandya.

JUDGMENT :

DIVYESH A. JOSHI, J.

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No. NCB/AZU/C.R. No. 03 of 2019 registered with the NCB Police Station, Ahmedabad of the offence punishable under Sections 8(C), 20(b)(ii)(c) and 29 of the NDPS Act.

3. A quick glance at the FIR reveals the following:

    3.1 The present complaint has been filed by Amit Kumar Khare, Intelligence Officer, Narcotic Control Bureau, Zonal Unit, Ahmedabad stating that on 26.04.2019, his Department received a tip-off that three persons, namely, Karpur Sahu, Rakesh Sahu and Ajit Kumar Sahu onboard in Coach No. B-5 of Puri-Ahmedabad express train having seat Nos. 5, 6 and 7 are carrying with them six bags containing 80 kg Ganja to be delivered to the person at Bharuch which train would be stationed at Surat railway station on 27.04.2019 at around 03:25 hours. All the aforesaid three persons boarded the train from Khalikot, Odisha.

3.2 The said secret information was then reduced into writing and forwarded

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