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HIGH COURT OF GUJARAT
GITA GOPI, J
RAJUBHAI DINESHBHAI KATOSANA (RAJUBHAI BHANJIBHAI PARDHI) – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. facts of the case reveal the nature of charges under ndps. (Para 2) |
| 2. legal interpretations concerning the classification of seized contraband. (Para 3 , 5) |
| 3. court's overall observation on judicial discretion and bail suitability. (Para 4) |
| 4. court's reasoning for allowing bail based on defined parameters. (Para 6) |
ORDER
1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent – State.
2. This application has been filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being C.R. No.11211045220147 of 2022 registered with Sayla Police Station, Surendranagar for the offences punishable under Sections 8 (C), 15(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to in short as ‘the NDPS Act’).
3. Learned Advocate for the applicant submitted that that earlier Criminal Miscellaneous Application No.12735 of 2022 was withdrawn since during pendency of the application, the charge-sheet was filed and opportunity was granted to the applicant as prayed for to file a fresh application. It is further submitted that the order
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