PARAMJIT SINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Sec. 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.11200050221024 of 2022 registered with Nanapondha Police Station.

(2.) Brief facts of the case are that upon information received by SOG Valsad of Vapi Camp, upon interception and search of a TATA closed body Container vehicle no. MH 04 GF 8493 with driver - Laxman Motilal Chavan and cleaner Ratanlal Narayan Regar, 108 plastic bags of poshdoda (poppy straws) totally weighing 2148.930 kgs were found. Upon interrogating regarding the same, the arrested accused stated the consignment was for delivery in Silvassa on the say of wanted accused one Sunny @ Gora and other Gurudas Singh Sardar @ Gurudas Rai @ Gyani who are residents of Moga, Punjab. Hence, impugned FIR is filed.

(3.) Learned advocate Mr. Purohit for the petitioner would submit that the petitioner is not Sunny @ Gora named in the FIR, but, the name of the present petitioner is Paramjit Singh Balvir Singh and he has nothing to do with the accused namely, Sunny @ Gora. Placing reliance upon the certificate issued by the Sarpanch of concerned village, he would submit that the Sarpanch has clearly certified that the petitioner is not Sunny @ Gora. Therefore, he would submit that there is classic case of mis-identity or identity of the accused not matching with the present petitioner. Yet, the Police is running behind the petitioner to arrest him for the alleged offence. He would further submit that the petitioner has never met accused Nos.1 and 2, who are the prime culprits of the offence. The mobile number, which is shown in the investigating report is also not belonged to the present petitioner and in these given facts and circumstances, the police is not arresting the petitioner since long and therefore, he submits to allow this petition and grant anticipatory bail to the petitioner.