Balaram Surendra Mahanti vs State Of Gujarat on 31 March, 2023

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Gujarat High Court

Balaram Surendra Mahanti vs State Of Gujarat on 31 March, 2023

Bench: S.H.Vora

     R/CR.MA/22695/2022                                    ORDER DATED: 31/03/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 22695 of 2022

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                          BALARAM SURENDRA MAHANTI
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
KRUSHALKUMAR D SHELADIYA(8017) for the Applicant(s) No. 1
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA

                               Date : 31/03/2023

                                  ORAL ORDER

1. This 2nd successive bail application is filed by the applicant under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R.No.1121205120050 of 2020 with Surat Railway Police Station for the offences punishable under Sections 8(C), 2(C) and 29 of NDPS Act.

2. Heard learned advocate for the applicant and learned APP for the respondent - State.

3. Vide order dated 11.06.2021 passed in Criminal Misc. Application No.8738 of 2021, the applicant had withdrawn the said application and subsequent thereto, there are no any special or exceptional circumstances pointed out by the learned advocate for the applicant. Not only that complainant is under cross examination before the learned Trial Court.

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R/CR.MA/22695/2022 ORDER DATED: 31/03/2023

4. Learned advocate for the applicant tried to point out that the applicant was found in possession of Ganja of about 14 Kgs. and therefore, it being less than commercial quantity, present application may be considered.

5. From the FIR itself, it appears that total 22.77 kgs. of Ganja was recovered from the applicant and the co-accused. In that view of the matter and considering the provision of section 37 of NDPS Act, and there being no any change of circumstances after withdrawal of earlier bail application, present application stands rejected.

(S.H.VORA, J) SATISH Page 2 of 2 Downloaded on : Wed Apr 05 20:34:11 IST 2023

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Gujarat High Court