KALUBHAI VALJIBHAI VAHONIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present applicant, accused of CR No. II-37 of 2006 registered before the Gorva Police Station, Vadodara, has filed this bail application under Section 439 of CrPC for the alleged offences punishable under Section 8(c), 15, 18, 20, 29 and 58 of NDPS Act, read with Section 120-B, 195, 419, 465, 467, 468 and 471 of IPC. The offence was committed on 7.4.2008 and complaint was lodged on 8.4.2008. The present applicant was arrested on 19.8.2008.

(2.) It is submitted by the learned advocate for the applicant that the FIR was lodged by the applicant against two accused and during the raid at the place of accused, contrabands in the form of Charas, Hashish, Ganja were found in the possession of the accused. Subsequently, it is alleged by the prosecution that the present applicant had, with the help of other Police Inspector Shri R.M. Rathod, had made concocted case of narcotics against the accused and applications were given by the accused to Home Department, and the investigation of the case was handed over to CID Crime. Subsequently, CID Crime filed final report exonerating the original accused in the FIR from whose place the contraband was found and the present applicant came to be arrainged as an accused with two other accused and charge-sheet was filed accordingly.

(3.) It is also submitted by the present applicant that he has received information regarding illegal possession of contrabands from P.I. Shri R.M. Rathod of Vadi Police Station. So, applicant raided that alleged house and under due process of law, panchnama was carried out by applicant and lodged FIR at Gorva Police Station. But, from the investigation of CID Crime, Gandhinagar, it has come on record that no offence has been committed by that accused, so report under Section 169 of CrPC has been filed against the accused.