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CR.MA/8326/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8326 of
2011
=========================================================
RAMSHANKARGIRI
ALIAS MUCHHAD BALVANGIRI GIRI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
PP MAJMUDAR for
Applicant(s) : 1,
MRS. MANISHA L. SHAH, ADDL. PUBLIC PROSECUTOR
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 02/08/2011
ORAL
ORDER
Leave
to amend.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
II-C.R. No.43/2011 with Makarpura
Police Station, Vadodara for the offences punishable under
Sections 8(C), (B), 20(B) and 29 of the NDPS Act, 1985.
Heard
learned Counsels for the parties and perused the record.
The
following facts are taken into consideration:-
(i)
It is submitted that ‘muddamal’
article – Ganja weighing around 2 Kgs. and 700 grams worth
Rs.16,200/= was seized;
(ii)
Vide Notification S.O. 1055(E) dated 19.10.2001, published in
the Gazette of India, dated 19.10.2001, issued by the Department of
Revenue, Ministry of Finance, Central Government, under the
provisions of the NDPS Act, Sr. No.55, Ganja, prescribes commercial
quantity as 20 Kg;
(iii)
the quantity in the present case is below the commercial quantity
prescribed;
(iv)
the punishment prescribed may extend upto 10 years and fine upto
Rs.1,00,000/=;
(v)
rigour of Section 37 of the NDPS Act may not be applicable;
(vi)
there are no past antecedents,
Considering
the above, without discussing the evidence in detail, prima facie
this Court is of the opinion that this is a fit case to exercise the
discretion to enlarge the applicant on bail.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with First Information Report registered as II-C.R. No.43/2011
with Makarpura Police Station, Vadodara on executing a bond
of Rs.5,000/- (Rupees Five Thousand Only) with one surety of the
like amount to the satisfaction of the Trial Court and subject to
the conditions that he shall;
a)
not take undue advantage of liberty or misuse liberty;
b)
not act in a manner injurious to the interest of the prosecution;
c)
surrender his passport, if any, to the lower court within a week;
d)
not leave the State of Gujarat without prior permission of the
Sessions Judge concerned;
e)
mark presence before the concerned Police Station on every 1st
and 15th day of every English Calendar month between
11.00 a.m. to 2.00 p.m. for three months only;
f)
furnish the present address of his residence to the Investigating
Officer and also to the Court at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
The
authorities will release the applicant only if not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
Bail
bond to be executed before the lower court having jurisdiction to
try the case.
At
the trial, the Trial Court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the applicant on bail.
Rule
made absolute. Direct Service is permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
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