Allowed

Udaji Cheharji Thakor v. State of Gujarat

Gujarat HC6 Jul 2020CR.MA/7889/2020

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant in the offence of possessing opium-poppy straw and leaves under the NDPS Act. Court held that since the quantity recovered was below the commercial quantity, the embargo did not apply, warranting regular bail.

What did the court decide?

Regular bail granted on a personal bond of Rs. 15,000 with one surety, subject to conditions of passport surrender, periodic appearance, and residence disclosure.

Udaji Cheharji Thakor Vs State of Gujarat — Narcotics (NDPS) | Gujarat HC (2020)

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R/CR.MA/7889/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 7889 of 2020

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================================================================ UDAJI CHEHARJI THAKOR Versus STATE OF GUJARAT

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================================================================

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Appearance:

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MR VO JOSHI(5883) for the Applicant(s) No. 1 MR R C KODEKAR APP (2) for the Respondent(s) No. 1

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=============================================================== CORAM: HONOURABLE MR. JUSTICE R.P.DHOLARIA Date : 06/07/2020 ORAL ORDER

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[1] Heard learned advocates for the respective parties through video conferencing.

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[2] This bail application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with C. R. No. 11216006200127 of 2020 registered with Chiloda Police Station, Gandhinagar for the offence punishable under Sections 8(B) and 18 of the NDPS Act.

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[3] Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

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[4] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

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[5] I have heard learned advocates appearing on behalf of the respective parties.

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[6] In the facts and circumstances of the case and taking into consideration (i) after conclusion of investigation, charge-sheet has been filed (ii) opium-poppy straw & leaves have been recovered (iii) quantity recovered is less than the commercial quantity and consequently, the embargo

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Page 1 of 3

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R/CR.MA/7889/2020 ORDER

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envisaged under Section 37 would not be applicable (iv) the applicant is jail for about last three months, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with C. R. No. 11216006200127 of 2020 registered with Chiloda Police Station, Gandhinagar on executing a personal bond of Rs.15,000/- (Rupees Fifteen thousands only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;

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[a] not take undue advantage of liberty or misuse liberty;

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[b] not act in a manner injuries to the interest of the prosecution;

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[c] surrender passport, if any, to the lower court within a week;

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[d] not leave India without prior permission of the Sessions Judge concerned;

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[e] mark presence before the concerned Police Station on alternate Monday for initial three months and thereafter, on first Monday of every English calendar month, for a further period of three months, between 10:00 a. m. and 2:00 p. m.;

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[f] furnish latest address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the trial Court;

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[7] The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua

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Page 2 of 3

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R/CR.MA/7889/2020 ORDER

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the evidence at this stage, made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.

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Registry to send the copy of the this Order to the concerned Jail Authority through Fax and Email.

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(R.P.DHOLARIA, J)

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TAUSIF SAIYED/chandrashekhar

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Udaji Cheharji Thakor v. State of Gujarat

Case brief

What is this about?

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Udaji Cheharji Thakor v. State of Gujarat

Case brief

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