LAWS(GJH)-2022-12-1635

AADIL KHAN Vs. STATE OF GUJARAT

Decided On December 19, 2022
Aadil Khan Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This is an application by the applicant under Sec. 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of his arrest in connection with FIR registered at C.R.No.11191011220056 of 2022 before D.C.B. Police Station, Ahmedabad for the offence under Ss. 8(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act , 1985.

(2.) Learned advocate appearing on behalf of the applicant would submit that the applicant is innocent and falsely implicated in the alleged offence. He submitted that the applicant is not named in the FIR and is sought to be implicated in the present offence on the basis of the statement of co-accused. He further submitted that there are no criminal antecedents against the present applicant and, therefore, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed this application and granting anticipatory bail to the applicant looking to the nature and gravity of the offence. He submitted that in the present case much more than commercial quantity of contraband has been recovered, and therefore, the present application may be dismissed.