PATEL RAJESHKUMAR JAYANTILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present successive anticipatory bail application filed 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.11192029240023 registered with Koth Police Station.

(2.) Head Constable Dilipsinh Parbatsinh Masani, Buccal No. 913, S.O.G. Police Staff, Ahmedabad Rural has lodged FIR No. 11192029240023 on 13/2 / 2024 11 / c . 8(c) 21(c) and 29 of NDPS Act. 1985 against three Persons, THE APPLICANT IS Accused No. 3 in the said FIR. It has been alleged that secret inputs were received to the effect that some Accused, in their C.N.G. Rickshaw No. GJ-6, BU- 1107, carrying intoxicative contraband, Cough Syrup Bottles and will pass through Baroda Vataman Highway. It has been alleged that based on such -inputs, trap was arranged accordingly and Accused No. 1 and 2 were intercepted and arrested on the spot. It has been alleged that the said Accused disclosed name of present Applicant from whom, they have obtained cough syrup bottle containing contraband Codeine. It has been alleged that the Accused were carrying 590 Cough Syrup Bottles without license and without permit, Panchnama was drawn thereafter at Vataman Police Choky. It has been alleged that the said 590 Syrup Bottles were seized on the primary Certificate issued by F.S.L. Officer Shree B.C. Vania AND Officer of Foods and Drug Department, Shree G. N. Thummar INDIA stating that content in the cough syrup is Codeine which is contraband under the NDPS Act, 1985. Along with said Rickshaw, 3 Mobiles and some cash from Accused, were also seized.

(3.) As the petitioner is arraigned as accused in the aforesaid offence, upon apprehending his arrest for the said offence, he moved present anticipatory bail application.