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2025 Supreme(Guj) 897

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR
Dhanani Afzal Salimbhai – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Maunish T. Pathak, Yash N. Nanavaty
For the Respondent: H.K. Patel

ORDER :

(HASMUKH D. SUTHAR, J.)

1. Rule. Learned APP waives service of notice of rule on behalf of respondent-State.

2. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11192008250036 of 2025 registered with Bavla Police Station, Ahmedabad Rural, for the offences punishable under Sections 8(c), 21(c), and 29 of the Narcotic Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’ for short).

3. Learned counsel for the applicant submitted that the applicant is innocent and has not committed any offence as alleged in the FIR. Merely on the basis of statement made by the co-accused, his name has been impleaded as an accused. Nothing is recovered from conscious possession of the applicant. Whatever allegations levelled against the accused persons are that Applicant is running the business of pharmacy in the name of A A distributor and having the licence under Drug and Cosmetic Act. He is Engaged in the business of selling medicine and alleged cough syrup ‘Codeine’ came to be sold to one Saf

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