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HIGH COURT OF GUJARAT
SAMIR J. DAVE, J
DHULABHAI GOPALBHAI SORANI TA. KOLI – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. overview of default bail application and relevant legal context. (Para 1 , 2) |
| 2. arguments regarding the legality of detaining applicants without timely charge-sheet. (Para 4 , 5) |
| 3. court's observation on charge-sheet timeliness related to commercial quantities. (Para 6 , 7 , 8) |
| 4. conclusion regarding the applicants' entitlement to bail. (Para 9) |
ORDER
1. The present bail application is filed under Section 167 (2) of the Code of Criminal Procedure by the applicants for default bail in connection with an FIR being C.R.No. 11211059220036 of 2022 registered with Nani Moldi Police Station, Surendranagar for the offence punishable under Sections 8 (b) and 18(c) of NDPS Act.
2. Brief facts of the present case are as under:
2.1 That, complainant Yogendrasinh Natubha Chudasama Unarmed ASI, SOG, Surendranagar lodged a complaint against presnet applicants about applicant no.1- Dhulabhai Gopalbhai Sorani in his agriculture land situated at Khatdi village has illegally cultivated total 120 opium poppy green plants having total weight of 10 kg and which comes to Rs.30,000/- and present applicant no.2 in his agriculture land situated at Khatdi village in his agricu
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