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2024 Supreme(Guj) 286

DIVYESH A. JOSHI
Pinkesh @ Pinko Shantilal Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Hitendra D. Rajput.
For the Respondent: L.B. Dabhi.

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. 11210050231274 of 2023 registered with the Rander Police Station, Surat of the offence punishable under Sections 8(c), 20(B), II (C) and 29 of the NDPS Act.

3. The case of the prosecution, in brief, may be summarized as under:

    3.1 On 22.09.2023, the complainant Shri Samatsinh Narsinh, Head Constable, Buckle No. 3027, S.O.G. Surat City has filed the present complaint stating that while he was present at the Sagrampura SOG Field Office, at that time, Head Constable Yogeshbhai Kansarabhai, Buckle No. 3152, informed them about the tip-off received by him that one Jatin @ Jaggu Girishbhai Bhagat, a resident of Rander Surat, has brought the cache of hashish (Charas) from somewhere and has been indulged in trafficking of the same and even today, at around 4:00 to 5:00 O’clock in the afternoon, he will go to Kirtinagar by passing through the Laxmi Dairy street situated opposite Roopali Cinema, Ra

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