STATE OF GUJARAT Vs. JIGNESHKUMAR MAHESHBHAI PATEL

JUDGEMENT

(1.) The respondent (original accused), although served with the notice of rule issued by this Court, yet has chosen not to remain present before this Court either in person or through an advocate and oppose this application.

(2.) I take notice of the fact that the respondent, as on date, is in the judicial custody in connection with one another offence. In such circumstances, the notice issued by this Court had to be served upon him in the jail. The Investigating Officer is present in the court and he submitted that the notice has been served upon the respondent. An affidavit to this effect is being filed and the same is ordered to be taken on record.

(3.) By this application under section 439 (2) of the Cr.P.C., 1973, the applicant-State of Gujarat calls in question the legality and validity of the order dated 29th December, 2017 passed by the 2nd (Ad-hoc) Addl. Sessions Judge, Kalol, District: Gandhinagar in the Criminal Misc. Application No.465 of 2017 filed by the respondent under section 438 of the Cr.P.C. seeking anticipatory bail in connection with the first information report bearing Prohibition C.R. No.149 of 2017 registered before the Santej Police Station for the offence punishable under sections 66(B), 65(E), 116(B) and 81 of the Gujarat Prohibition Act.