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HIGH COURT OF GUJARAT
HEMANT M. PRACHCHHAK, J
BASHIR AHMAD DAR – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR SATISH A PANDYA
For the Respondents: MS CM SHAH, ADDL. PUBLIC PROSECUTOR

ORDER

1. This is an application by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of his arrest in connection with FIR registered at III-C.R. No.07 of 2009 before A.T.S. Police Station, Ahmedabad for the offence under Sections 8(c), 20(b)(c), 29 and 31A(1) of the Narcotic Drugs and Psychotropic Substances (for short “the N.D.P.S.”) Act.

2. Learned counsel appearing for the applicant submitted that the applicant is innocent and is not connected even remotely in any manner whatsoever with the alleged commission of offence. He submitted that one Javed Ahmad Dar was shown as absconding / wanted and moreover, in the supplementary charge-sheet also one Javed Ahmad Dar is shown as wanted and the present applicant – suspect accused is not Javed Ahmad Dar. He submitted that the police is out to arrest the present applicant after a period of 13 years with some ulterior motive. He further submitted that there is no question of avoiding warrant under Section 70 of the Code of Criminal Procedure, 1973 . He submitted that the present applicant has no connection at all even remotely with the contraband alleged to be seized from the allege



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