In a noteworthy legal development, the Supreme Court has issued a judgment regarding anticipatory bail in the case of Amreli Rural Police Station vs. [Petitioner’s Name]. This landmark decision carries implications for legal proceedings and the principles of justice. Discover more about this case and its ramifications.
Facts
- The petitioner filed a petition under Section 438 of the Code of Criminal Procedure seeking anticipatory bail.
- The bail was requested in connection with FIR C.R.No.11193004230654 of 2023 registered at Amreli Rural Police Station.
- The petitioner requested to be released in case of his arrest.
- The court will consider the grounds for granting anticipatory bail in this case.
Arguments
- Learned Additional Public Prosecutor opposes grant of anticipatory bail based on the nature and gravity of the offense.
- The Court must exercise discretion judiciously, cautiously, and in compliance with principles established by the Hon’ble Apex Court.
- Factors to consider for bail include prima facie evidence of the accused committing the offense, nature and gravity of the accusation, severity of potential punishment, risk of accused fleeing, character and behavior of the accused, likelihood of the offense being repeated, influence on witnesses, and danger to justice if bail is granted.
Analysis
- Central Drugs Laboratory declared the samples as of Standard Quality.
- Previous order to stop sale & recall of drugs revoked.
- Central Drug Laboratory communication confirms permissibility of selling the product in Gujarat.
- Food and Drugs Control Administration withdrew the previous communication and recalled the order to stop selling the drugs.
- Drugs subjected to retesting: SUNNINDRRA 400ml, STONEARISHTHA 400ml, StoneHeal 400ml, Natural Booster 400ml.
- Samples from the petitioner’s premises were declared not of standard quality by Government analyst, Food and Drugs Laboratories, Vadodara.
- Application for retesting filed before the Hon. Addl. Chief Judicial Magistrate Court, Sanand.
- The court certified copy of the Form 2A test report attached for information.
- Retesting of samples done at Pharmacopoeia Commission for Indian Medicine & Homeopathy (Central Drugs Laboratories), Ghaziabad.
- Inclination to grant bail to the petitioner based on the above analysis without discussing evidence in detail.
- The court exercised discretion in favor of the petitioner
- Consideration of law laid down in Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. case
- Reiteration of law laid down in Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab case
- Consideration of law laid down in Sushila Agarwal v/s. State (NCT of Delhi) case
Decision
- The petitioner will be released on bail upon arrest.
- Conditions for the bail include cooperation with the investigation, availability for interrogation, and presence at the Police Station on specified dates.
- The petitioner is prohibited from influencing witnesses, obstructing the investigation, or leaving the country without court permission.
- Any breach of these conditions will result in appropriate action by the Court.
Case Title: SUNIL SURENDRAKUMAR KAKKAD Vs. STATE OF GUJARAT
Case Number: R/CR.MA/7625/2024
