Allowed

Javed Umar Shaikh v. State of Gujarat

Gujarat HC25 Mar 2022CR.MA/2742/2022

Case brief

AI extract

What is this about?

The High Court allowed application for regular bail in an NDPS case involving cough syrup. Finding the alleged quantity small and the items not in the applicant's possession, the applicant was released on executing a bond and undertaking. Conditions of bail were specified.

What did the court decide?

Applicant released on regular bail on executing personal bond of Rs.15,000 with one surety of like amount subject to specified conditions including surrender of passport and registration address.

Javed Umar Shaikh Vs State of Gujarat — Narcotics (NDPS) | Gujarat HC (2022)

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R/CR.MA/2742/2022 ORDER DATED: 25/03/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 2742 of 2022

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================================================================ JAVED UMAR SHAIKH

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Versus STATE OF GUJARAT

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================================================================ Appearance:

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MR ANIK E SHAIKH(10873) for the Applicant(s) No. 1

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MR JK SHAH, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1

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

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CORAM: HONOURABLE MS. JUSTICE GITA GOPI

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Date : 25/03/2022

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ORAL ORDER

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This application has been filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being C.R. No.11191021211473 of 2021 registered with Gayakwad Police Station, Ahmedabad City for the offences punishable under Sections 8(C), 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to in short as ‘the NDPS Act’.)

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Learned Advocate for the applicant submitted that six bottles of cough syrup was found in the plastic bag and 50 sealed bottles of cough syrup was found in the house nearby which is shown as kite factory, owned by accused No.1. It is submitted that the only allegation qua the applicant is that he had accompanied the accused No.1

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Page 1 of 4

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R/CR.MA/2742/2022 ORDER DATED: 25/03/2022

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who was holding 6 bottles. It is submitted that even considering the quantum of codeine phosphate, even the calculated prohibited article would come to one gram which is lesser than the small quantity which as per the schedule is 10 grams. It is further submitted that the co-accused [Munvebhai @ Mahemudali Saiyed (Tinvala)], from whose factory 50 bottles were found have been enlarged on bail vide order dated 08.03.2022 passed in Criminal Miscellaneous Application No.22819 of 2021. It is also submitted that the statement of one – Sanjay Z. Wadhva was recorded on 30.10.2021 who is the owner of the Company and he had admitted to manufacture of the cough syrup in question. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

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Learned Additional Public Prosecutor submitted that in connivance with each other, the applicant has been dealing in the prohibited substance. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.

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Heard learned Advocates on both the sides and perused the material on record. The co-accused have been enlarged on bail. The alleged cough syrup bottle have not been found from the conscious possession of the

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R/CR.MA/2742/2022 ORDER DATED: 25/03/2022

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present applicant and the only allegations is that the applicant had accompanied accused No.1. Considering the above facts and circumstances of the case, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

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Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with the First Information Report being C.R. No.11191021211473 of 2021 registered with Gayakwad Police Station, Ahmedabad City on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the 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 injurious 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 concerned trial court;

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[e] furnish the present 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 concerned trial court;

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Page 3 of 4

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R/CR.MA/2742/2022 ORDER DATED: 25/03/2022

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The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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 lower Court having jurisdiction to try the case.

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Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

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Sd/- (GITA GOPI, J)

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CAROLINE

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Javed Umar Shaikh v. State of Gujarat

Case brief

What is this about?

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Javed Umar Shaikh v. State of Gujarat

Case brief

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