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IN THE COURT OF 3RD ADDITIONAL SESSIONS JUDGE
AHMEDABAD [RURAL] @ MIRZAPUR, AHMEDABAD .
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Criminal Misc. Application No. 3655 of 2019.
Applicant. : Shrenik Dilipbhai Vaidya.
Age : 54 Years.
Residence :
House No.403, Vachnamrut Residency
Flats, 16 Number Tower, Atladra Road,
Vadodara.
(At present in Ahmedabad Central Jail.)
Vs.
Opponent. : The State of Gujarat.
.....................................................................................................................
Application u/s. 439 of Cr.P.C. for Regular Bail.
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APPEARANCE:
Ld. Advocate for the Applicant. : Mr. P. H. Vaghela.
Ld. Sp. P. P. for the Opponent. : Mr. M. G. Kapdiya.
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:: J U D G M E N T ::
1. The present application is preferred by the applicant under section 439
of the Criminal Procedure Code for releasing him on regular bail in
connection with F. No. NCB/AZU/CR06/19 for the offence punishable
under Section 8(c), 22 and 23 of the Narcotics Drugs and Psychotropic
Substances Act, 1985 (hereinafter referred to as “The NDPS Act”).
regular bail and which are, that he is totally innocent and he is falsely
implicated. That the applicant is Doctor and he is holding Master's
Degree in Surgery and his daughter has complete her MBBS and has
change in the atmosphere, the daughter of the applicant was suffering
from insomnia which was informed to the applicant, and being a father
and Doctor, he had prescribe certain medicines and had sent it to his
daughter through DHL International Courier. That there was no mens
rea, whatsoever on the part of the applicant to export any psychotropic
substance for any illegal purpose. That, so far as 60 tablets of Zolfresh
10 Mg tablets is concerned, which is seized by the authorities of the
psychotropic substance as defined in Section 2 (xxiii) of the Act. That,
extend to 6 months or with fine, which may extend to Rs.10,000/ and
or with both. That the applicant is not involved in any offence under
the Act and due to some unknown reasons, he has been implicated in
the offence. That the applicant has permanent residence as mentioned
in the cause title he would not abscond. Hence, the applicant shall be
released on regular bail.
3 Criminal Misc. Application No. 3655 of 2019.
3. On filing of the present application, a notice was issued to the opponent
and Ld. Sp. P. P. on behalf of the opponent appeared and filed affidavit
of NCB Intelligence Officer to oppose present bail application, wherein
it is contended that the applicant/accused is facing very serious charges
commission of crime and so, application is liable to be rejected.
submitted that the applicant/accused has been falsely implicated in the
alleged offence and he is completely innocent. That he has no criminal
antecedent, and therefore, he may be enlarged on regular bail. It is
exception, the refusal of bail is a restriction on the personal liberty on
the individual guaranteed under Article 21 of the Constitution of India.
5. Ld. Sp. P. P. appeared on behalf of the opponent has strongly objected
the present application and further submitted that there are so may
provisions in the Act in such type of offence. It is further submitted
that the statement of the applicant and others has been recorded u/s. 67
of the Act which are admissible in evidence. It is further submitted that
4 Criminal Misc. Application No. 3655 of 2019.
no such facts was disclosed during investigation that the daughter of the
prohibited psychotropic substance. Further mentioning which prohibits
the import and export of such type of psychotropic substance. In all as
per his submission, at this stage, the investigation is at very crucial and
preliminary stage and if the applicant/accused is released on bail, it will
suffer the investigation, and whole investigation will become frustrated.
NDPS Act, there might be strong possibility that he may jump the Bail.
Hence, it is argued to reject the present Regular Bail application.
record including affidavit filed by the NCB Department.
7. It is undisputed fact that the present applicant/accused is prima facie
involved in serious offences under NDPS Act and his statement is also
recorded u/s. 67 of the Act and the same is admissible as evidence. It is
also to be noted that the investigation is at very preliminary and crucial
stage. The offence is against the society and it effects the public at
submissions made on behalf of the opponent, that the applicant/accused
chances of jump the Bail.
gravity, nature and complexity of the crime, the role played by the
applicant/accused and considering the larger interest of the society, this
Hence, in the interest of justice following order is passed.
: : : O R D E R : : :
• The present Criminal Misc. (Regular Bail) Application No. 3655 of
2019 of applicant/accused Shrenik Dilipbhai Vaidya, is hereby
rejected.
Pronounced and signed in the open Court today i.e. 25th October, 2019.
Date : 25/10/2019 [H. A. Shah.]
Place: Ahmedabad. 3rd Addl. District & Sessions Judge,
Ahmedabad (R) at Mirzapur