RAKESHKUMAR KESHAVLAL MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the C.R.No.I.11191011210165 of 2021 registered with DCB Police Station, Ahmedabad for offences punishable under Sec. 8(c) , 15(c) and 29 of the IPC.

(2.) Learned advocate for the applicant submits that this Court had permitted the applicant to apply afresh after receiving the copy of FSL. Thus, on that liberty, present application has been filed. Referring to the FSL report, learned advocate for the applicant submitted that the FSL report is the parcels sealed in the Police Station and it cannot be specified that the muddamal posh-doda (poppy straw) and capsule powder were found from the premises of the present applicant when the panchamana itself does not reflect any of those being seized at the place of raid, which was the shop of the applicant and the room, which was in occupation of the applicant.

(3.) Mr. Pranav Trivedi, learned APP submits that vide notification no person was permitted to keep article, as posh doda (poppy straw) beyond the time limit, as was laid-down in the notification and in the presence of panchas, 8.250 Kg. was seized from the shop occupied by the applicant and 50.7 Kg. from the room of the applicant. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.