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2025 Supreme(GUJ) 524

HIGH COURT OF GUJARAT
MRM
TUKUNA CHANDRAMANI GAUDA (TUNKA CHANDRAMANI GOUNDA) – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:A S TIMBALIA(7372) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

(M.R. MENGDEY, J.)

1. RULE. Learned APP waives service of rule for the respondent-State.

2. The present application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, for regular bail in connection with FIR being C.R.NO. 11210015200085 of 2020 registered with DCB Police Station, Surat

3. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP appearing on behalf of the respondent-State has opposed the present application, inter alia, contending that the present applicant had actively participated in commission of the offence in question. The quantity of contraband substance involved in the present offence is 564 kg of Ganja, which is a commercial quantity, and therefore, the rigors of Section 37 of the NDPS Act would come into play. He further submitted that there are all chances, if the applicant is ordered to be enlarged on bail, he may not be available for the purpose of trial. He, therefore, submitted to dismiss the present application.

5. I have heard the learned advocates appearing on behalf of the respective p

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