SHAHRUKH KHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been preferred under sec. 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the complaint being FIR No.11191011220003 registered with DCB Police Station, Ahmedabad City for the offences punishable under Sec. 8(c), 21(C) and 29 of the NDPS Act.

(2.) Learned advocate for the applicant submitted that the applicant has been arraigned as accused only on the basis of statement of co-accused. He was not present at the spot and no recovery has been made from him. The applicant is alleged to be the supplier of contraband substance; however, there is nothing to suggest that the applicant is involved in the alleged crime.

(3.) Heard learned advocate for the applicant and perused the material on record. In the affidavit filed by the Investigating Officer in the proceeding of bail application filed before the Court below, it is stated that 32 Grams of Mephedrone worth Rs.3.20 Lacs has been recovered from co-accused Shahruk @ Mama Iqbalbhai Kazi. The said co-accused had procured the contraband substance from the applicant herein. Another co- accused Salmankhan Mirbadshahkhan is yet to be arrested. It also appears that the applicant herein has criminal antecedent of similar nature inasmuch as a complaint in I-C.R. No.77 of 2017 has been registered against him before Arnod Police Station, Rajasthan for offences punishable u/s.8 and 29 of the NDPS Act .