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2024 Supreme(Guj) 1072

DIVYESH A. JOSHI
Fatema Moiz Sayarawala – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Suhail Z Saiyed
For the Respondent: Mr. Chirayu A Mehta, 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 registered at D.R.I. Gandhidham File No.DRI/AZU/GRU/NDPS-3/2022 of the offence punishable under Sections 21(c), 23(c), 25, 27, 27A, 27B, 28, 29,30, 31, 31A , 32, 32B(c), 32B(e) read with Section 8(c), 8A of the Narcotic Drugs & Psychotropic Substances Act, 1985 and Rule 53, 54 and 55 of the Narcotic Drugs & Psychotropic Substances Rules, 1985 and Section 120B of the Indian Penal Code.

FACTUAL MATRIX

3. The complaint was filed by the Senior Intelligence Officer of the Directorate of Revenue Intelligence (henceforth “DRI”), Gandhidham Regional Unit, Plot No.193, Sector-4, Gandhidham stating that following the inputs received by the DRI regarding one import consignment under IGM No.2311391 dated 12.05.2021, suspected to have some restricted or prohibited goods, the container was put on hold by the DRI at Mundra port vide communication dated 21.05.2022.

4. Then between 24.05.2022 and 26.05.2022, the officials of the DRI raided

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