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2024 Supreme(Guj) 567

DIVYESH A. JOSHI
Khubedi @ Raja S/o Khurshid Sailani – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. Vatsal D. Ruparel
For the Respondent: Mr. Hardik Soni, Ld. Addl. Public Prosecutor

JUDGMENT :

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.11210046221329 of 2022 registered with the Puna Police Station, Surat CIty of the offence punishable under Sections 8(C), 22(C) and 29 of the NDPS Act.

3. The factual matrix in the instant case, as submitted by the prosecution, is as under:

3.1 One Vilesh Jaswantbhai Gamit, an unarmed Police Constable, Buckle No.2188, serving at Puna Police Station, Surat City has filed the present complaint stating that he received a secret information from his very reliable sources that on 28.09.2022, between 10:30 and 12:00 O’clock in the night hours, one person, namely, Afzal @ Guru, a resident of Ajmer will bring the contraband Mephedrone to Surat all the way from Mumbai by passing through Niyol Check Post, who is having a beard and will be in a blue coloured white dotted round necked t-shirt and Navy blue coloured track pant carrying a black coloured traveling bag. Thereafter, the said information was reduced into writi

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