Gujarat High Court
Gani @ Hanif Jusab Lingadiya vs State Of Gujarat on 6 December, 2017
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/29344/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 29344 of 2017
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GANI @ HANIF JUSAB LINGADIYA....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR K S CHANDRANI, ADVOCATE for the Applicant(s) No. 1
MR PRANAV TRIVEDI APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 06/12/2017
ORAL ORDER
1. Heard learned advocate for the applicant and learned A.P.P. for the respondent - State.
2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. being C.R.No.II-34 of 2017 registered with Jamnagar Railway police station, Jamnagar for the offences punishable under Sections 8(C), 20 and 29 of the N.D.P.S. Act.
3. Briefly stated, it is alleged that on 03.08.2017, the complainant received a phone call from one Mr.Mahavirsing Jadeja and informed that Train No.59503 i.e. Viramgam - Okha has reached Dwarka Railway station at 00:15 hrs. and when all the passengers were going out from the main gate of the railway station, one passenger, who was carrying big loaded bag, was trying to go hurriedly and he was stopped and was taken to the office of the Railway police at platform No.1. Upon Page 1 of 3 HC-NIC Page 1 of 3 Created On Thu Dec 07 02:32:43 IST 2017 R/CR.MA/29344/2017 ORDER inquiring as to what he is carrying in the bag, he has not answered anything and, therefore, upon further inquiry, he had stated that it was 'Ganja' and, therefore, he alongwith the police personal was taken to Jamnagar. Further, upon examining the material, it was of 2 KG wroth Rs.12,000/-. Thus, the present complaint came to be lodged.
4. Considering the chargesheet papers supplied by the learned A.P.P. during the course of hearing, it appears that the applicant is alleged to be the supplier of the muddamal article 'Ganja' around 8 kg. on the basis of statement of accused No.4. As per notification dated 19.10.2011, the commercial quantity for 'Ganja' is 20 kg. and thus, the quantity in the present case is below the commercial quantity prescribed in the said notification and, therefore, provisions of Section 37 of the N.D.P.S. Act will not apply to the present case. Therefore, present application deserves consideration.
5. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R.No.II-34 of 2017 registered with Jamnagar Railway police station, Jamnagar on executing a bond of Rs.20,000/-(Rupees Twenty Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicant 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] not leave the territory of India without prior permission of the Sessions Judge concerned;
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R/CR.MA/29344/2017 ORDER
[d] appear before the Investigation Officer concerned,
as and when required for investigation purpose and attend Court concerned regularly.
[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;
6. The competent authority will release the applicant only if the applicant 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 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. 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.
7. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J.) Hitesh Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu Dec 07 02:32:43 IST 2017