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2024 Supreme(Guj) 1046

DIVYESH A. JOSHI
Arvindkumar @ Bindu Chunilal Yadav – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Hitesh P Prajapati, Mr.Kishan Prajapati
For the Respondent: Mr Kartik V Pandya, Public Prosecutor

JUDGMENT :

1. 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.05 of 2021 (C.R. No.NCB/ AZU/CR No.06 of 2022) registered with the ATS Police Station, Ahmedabad of the offence punishable under Sections 8(C), 21(c), 23(c), 25, 27(a), 28, 29, 35 and 54(a) of the NDPS Act.

2. Learned advocate appearing for the applicant has submitted that the applicant-accused was arrested on 09.11.2022 and since then he is in jail. Learned advocate for the applicant has also submitted that the investigation has already been completed and charge-sheet has also been filed. It is moreso submitted that the FIR came to be lodged against three accused persons who were caught red-handed along with the narcotics substance heroin weighing 118.650 kg. Pursuant to the registration of the first information report, investigation was ensued and during the course of investigation, on the basis of the statement made by the co-accused, the applicant- accused has been booked in the present offence. Learned advocate for the applicant-accused has further submitted that it is the specific case of the prosecution that during

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