Dhengabhai Kalabhai Panchal(Dalit) vs State Of Gujarat on 20 August, 2019

[Cites 4, Cited by 0]

Gujarat High Court

Dhengabhai Kalabhai Panchal(Dalit) vs State Of Gujarat on 20 August, 2019

Bench: Vipul M. Pancholi

       R/CR.MA/11927/2019                                   ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION NO. 11927 of 2019

==========================================================
               DHENGABHAI KALABHAI PANCHAL(DALIT)
                             Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================

 CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

                            Date : 20/08/2019
                             ORAL ORDER

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.II24 of 2019 registered with Tharad Police Station, Banaskantha for the offence punishable under Section 18 of the NDPS Act.

2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. Learned APP appearing on behalf of the respondentState has opposed grant of regular bail looking to the nature and gravity of the offence.

4. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

Page 1 of 4 Downloaded on : Wed Aug 21 00:16:15 IST 2019

R/CR.MA/11927/2019 ORDER

5. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

6. The following aspects are taken into consideration:

(i) Applicant is in jail since 30.3.2019.

(ii) Investigation is concluded.

(iii) Chargesheet is filed.

(iv) Muddamal narcotic substance i.e. poppy straw of 3.640 k.g. was recovered from the field of the present applicant and the said narcotic substance was less than commercial quantity.

(v) No antecedent against the applicant.

(vi) 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;

(vii) the quantity in the present case is below the commercial quantity prescribed;

(viii) the punishment prescribed may extend up to 10 years and fine upto Rs.1,00,000/;

(ix) rigour of Section 37 of the NDPS Act may not be applicable;

Page 2 of 4 Downloaded on : Wed Aug 21 00:16:15 IST 2019

R/CR.MA/11927/2019 ORDER

7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.II24 of 2019 registered with Tharad Police Station, Banaskantha on executing a personal bond of Rs.10,000/ (Rupees Ten 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 passport, if any, to the lower court within a week;

[d] not leave the India without prior permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

[f] furnish the present address of 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 the Page 3 of 4 Downloaded on : Wed Aug 21 00:16:15 IST 2019 R/CR.MA/11927/2019 ORDER Sessions Court;

9. The authorities will release the applicant only if he is 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. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.

10. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

11. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(VIPUL M. PANCHOLI, J) ALI Page 4 of 4 Downloaded on : Wed Aug 21 00:16:15 IST 2019

Unlock Advanced Research with PRISMAI

Gujarat High Court