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CR.MA/6274/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6274 of 2011
=========================================================
VASANT
BHIKHABHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
HL
PATEL ADVOCATES for Applicant(s) : 1,
MR RC KODEKAR APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 12/05/2011
ORAL
ORDER
Rule.
Learned APP, Mr.R.C.Kodekar, waives service of notice of rule on
behalf of State.
This
is an application under Section 439 of Criminal Procedure Code
praying for regular bail in connection with offence registered with
J.P.Road Police Station, Vadodara vide C.R.No.II-64 of 2011 for the
offences punishable under Sections 20, 29 and 58 of the Narcotic
Drugs and Psychotropic Substances (NDPS) Act, 1985.
It
appears from the case of the prosecution that some individuals were
charge-sheeted for having found in possession of Narcotic Drugs.
Subsequently, Investigating Agency came out with a case that the
persons who have been charge-sheeted were wrongly framed up by the
accused-applicant herein by surreptitiously placing small quantity of
Ganja in their premises.
Accordingly, accused-applicant
is now facing prosecution for offence punishable under Section 20, 29
and 58 of NDPS Act.
Parties
have not pressed for reasoned order.
It
is evident from the case of the prosecution itself that this is a
case of the small quantity and that of Ganja.
As
per Section 20 of the Act, in contravention relating to sub-clause
(b) of Section 20 involving small quantity would be punishable for
rigorous imprisonment for a term which may extend to six months, or
with fine, which may extend to ten thousand rupees, or with both;
In
the same manner, Section 58 (2) which makes a person who willfully or
maliciously gives false information, and so causing an arrest or a
search being made under this Act shall be punishable with
imprisonment for a term which may extend to two years or with fine or
with both.
Having
regard to the nature of offence, the allegations levelled against the
accused-applicant the position of law, more particularly, keeping in
mind Section 37 of the Act which is not applicable in the present
case, I am persuaded to exercise my discretion in favour of
the accused-applicant. Under the circumstances, accused-applicant is
ordered to be enlarged on regular bail in
connection with offence registered with J.P.Road Police Station being
C.R.No.II-64 of 2011 on his executing a bond in the sum of
Rs.25,000/- (Rupees twenty five thousand only) with one surety of the
like amount to the
satisfaction of the lower Court and subject to the conditions that he
shall:
not
take undue advantage of his liberty or abuse his liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
mark
his presence before the concerned Police Station on every 2nd
and 4th Sunday of every month between 10:00 am to 2:00 pm
till the completion of the trial;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
furnish
the address of his residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
surrender
his passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Application is disposed of accordingly.
Direct
service is permitted.
(J.B.PARDIWALA,
J.)
(ashish)
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