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Junaid vs The State Of Gujarat on 13 February, 2023

Bench: Surya Kant, J.K. Maheshwari

                                                       1

     ITEM NO.5                           COURT NO.9                        SECTION II-B

                              S U P R E M E C O U R T O F             I N D I A
                                      RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.) No(s).11608/2022

     (Arising out of impugned final judgment and order dated 02-03-2022
     in CRLMA No.1876/2022 passed by the High Court of Gujarat at
     Ahmedabad)

     JUNAID                                                                  Petitioner(s)
                                                   VERSUS

     THE STATE OF GUJARAT                                                    Respondent(s)

     Date : 13-02-2023 This petition was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE SURYA KANT
                         HON'BLE MR. JUSTICE J.K. MAHESHWARI

     For Petitioner(s)             Mr. Nimish M.Kapadia, Adv.
                                   Mr. Harshit Khanduja, Adv.
                                   Dr. Pratyush Nandan, Adv.
                                   Mr. B. K. Satija, AOR

     For Respondent(s)             Mr. Kanu Agrawal, Adv.
                                   Ms. Swati Ghildiyal, AOR
                                   Ms. Devyani Bhatt, Adv.

                         UPON hearing the counsel the Court made the following
                                            O R D E R

1. The petitioner seeks enlargement on bail in FIR bearing C.R.No.II/312/2019, dated 11.07.2019, under Sections 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, `the NDPS Act’), registered at Police Station Athawa Lines, Surat City.

2. The allegations are that a raid was conducted and the petitioner was caught red handed in possession of Amphetamine/Methamphetamine contraband weighing 0.196 kgs., which is a commercial quantity.

The petitioner was arrested at the spot Digitally signed by satish kumar yadav on 11.07.2019 and he is in custody since then. Date: 2023.02.13 17:07:48 IST Reason:

3. It is jointly brought to the notice of this Court by the learned counsel for the parties that the trial has already commenced and 3 out of 41 witnesses have been examined.

4. It is not in dispute that the conclusion of trial will take reasonable long time. The petitioner is already in custody for more than three and a half years and there are no criminal antecedents.

5. In this view of the matter, the conditions contained in Section 37 of the NDPS Act already stand substantially complied with.

6. Consequently, without expressing any opinion on the merits of the case, the petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the Trial Court.

7. The Special Leave Petition stands disposed of accordingly.

(SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH)