BASHIR AHMAD DAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application by the applicant under Sec. 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of his arrest in connection with FIR registered at III-C.R. No.07 of 2009 before A.T.S. Police Station, Ahmedabad for the offence under Ss. 8(c), 20(b)(c), 29 and 31A(1) of the Narcotic Drugs and Psychotropic Substances (for short "the N.D.P.S.") Act.

(2.) Learned counsel appearing for the applicant submitted that the applicant is innocent and is not connected even remotely in any manner whatsoever with the alleged commission of offence. He submitted that one Javed Ahmad Dar was shown as absconding / wanted and moreover, in the supplementary charge-sheet also one Javed Ahmad Dar is shown as wanted and the present applicant - suspect accused is not Javed Ahmad Dar. He submitted that the police is out to arrest the present applicant after a period of 13 years with some ulterior motive. He further submitted that there is no question of avoiding warrant under Sec. 70 of the Code of Criminal Procedure, 1973. He submitted that the present applicant has no connection at all even remotely with the contraband alleged to be seized from the alleged possession of the previously tried accused Nos.1, 2 and 3, and prayed that the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) On the other hand, Ms.C.M. Shah, the learned Additional Public Prosecutor appearing for the respondent- State has strongly opposed this application and granting anticipatory bail to the applicant looking to the nature and gravity of the offence.