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CR.MA/10635/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10635 of 2010
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BUDDHIRAM
ADIKAND SWAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
LALBABU C TIWARI for Applicant(s) : 1,
MRS KRINA CALLA APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 09/09/2010
ORAL
ORDERRule.
Mrs. Krina Calla, learned APP, waives service of notice of Rule for
respondent – State.
2. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.II-3713 of 2009 with Surat Railway Police Station, District
Surat for the offences punishable under Sections 8(C), 20(B), 29 of
N.D.P.S.Act.
3. Learned
advocate appearing for the applicant-accused submitted that the
applicant is an innocent person and has not committed the alleged
crime. He further submitted that during the remand no other material
is recovered from the possession of the petitioner. He lastly
submitted that the charge sheet is already filed and the petitioner
deserves to be enlarged on bail.
4. Mrs.
Krina Calla, learned APP, appearing for the respondent-State
vehemently opposed grant of bail to the applicant.
5. Having
heard learned counsel for the parties and perusing the record of the
case, prima facie it appears that the applicant-accused is involved
in the serious crime of smuggling contraband article. Even
considering the quantity of the contraband material, role attributed
to the applicant and involvement of the accused in the heinous crime
of smuggling contraband material, this court is of the opinion that
no case is made out to enlarge the applicant-accused on regular bail.
Accordingly,
this application stands dismissed. Rule discharged.
(ANANT
S. DAVE, J.)
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