Gujarat High Court
Dhiren Amrutlal Kariya vs State Of Gujarat on 14 September, 2023
Bench: M. R. Mengdey
NEUTRAL CITATION
R/SCR.A/5291/2023 ORDER DATED: 14/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 5291 of 2023
With
R/SPECIAL CRIMINAL APPLICATION NO. 5282 of 2023
With
R/SPECIAL CRIMINAL APPLICATION NO. 5188 of 2023
With
R/SPECIAL CRIMINAL APPLICATION NO. 5204 of 2023
With
R/SPECIAL CRIMINAL APPLICATION NO. 5184 of 2023
With
R/SPECIAL CRIMINAL APPLICATION NO. 5186 of 2023
With
R/SPECIAL CRIMINAL APPLICATION NO. 5187 of 2023
With
R/SPECIAL CRIMINAL APPLICATION NO. 5192 of 2023
With
R/SPECIAL CRIMINAL APPLICATION NO. 5185 of 2023
With
R/SPECIAL CRIMINAL APPLICATION NO. 5201 of 2023
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DHIREN AMRUTLAL KARIYA
Versus
STATE OF GUJARAT
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Appearance:
MR JAGDHISH SATAPARA(5524) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR. J.K.SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 14/09/2023
COMMON ORAL ORDER
1. By filing the present Special Criminal Applications, the Petitioner -
Dhiren Amrutlal Kariya has prayed for a relief to direct the learned Judicial
Magistrate First class to take custody of the present Petitioner when he
surrenders before the Trial Court and also supervise the police custody of the
petitioner and direct the Learned JMFC to follow the guidelines given by the
NEUTRAL CITATION
R/SCR.A/5291/2023 ORDER DATED: 14/09/2023
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Hon'ble Supreme Court in the case of D.K.basu v/s State of West Bengal if
the petitioner surrenders before the Police Station. The Petitioner has further
prayed that this Hon'ble Court may direct the respective Police Authorities to
keep the videography working during the custody of the present petitioner
since the life of the Petitioner is in danger. The Petitioner has also prayed to
transfer the investigation to the independent investigation agency or higher
authority.
2. Learned Advocate Mr. Jagdhish Satapara appearing for the Petitioner
submits that the offences punishable under the provisions of the Gujarat
Prohibition Act along with Sections 465, 468, 471 of the Indian Penal Code has
been registered against the present Petitioner at different Police Stations in the
State of Gujarat i.e. Junagadh, Gandhinagar, Kachchh, Devbhoomi Dwarka,
Amreli, Bhavnagar, Porbandar, Jamnagar, Rajkot and Morbi.
3. Learned Advocate for the Petitioner has further submitted that the
Petitioner intends to surrender himself before the learned Judicial Magistrate
First Class. However, he apprehends that he would be subjected to custodial
torture after he is arrested pursuant to his surrender. It is therefore submitted to
direct the Respondent - Police Authorities to adhere to the directions of the
Hon'ble Apex Court in the case of D.K.Basu v. State of West Bengal reported
in AIR 1977 SC 610. He has therefore prayed to allow the present Petitions.
4. Learned APP Mr. J.K.Shah has opposed the present Petitions and
submitted that the Petitioner is a known Bootlegger and there are several other
offences registered against him, and therefore, no special treatment can be
given to the Petitioner. He therefore submitted to dismiss the present Petitions.
5. Heard learned Advocates for the parties and perused the record.
NEUTRAL CITATION
R/SCR.A/5291/2023 ORDER DATED: 14/09/2023
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6. The record indicates that there are several offences registered against the
present Petitioner for the offences punishable under the Prohibition Act as well
as the Indian Penal Code, who appears to have been labeled as a Bootlegger.
The Petitioner appears to be intending to surrender in the present offences
before the learned JMFC, however he apprehends custodial torture at the hands
of the Respondent - Police Authorities, and has therefore preferred the present
Petitions for suitable directions from this Court to the Respondent - Police
Authorities.
7. The Hon'ble Apex Court in its judgment in the case of D.K.Basu (supra)
and several other pronouncements thereafter, has issued various guidelines /
directions to prevent custodial torture to the accused persons while being in
police custody. The Respondent - Police Authorities are very well aware of the
directions in the case of of D.K.Basu (supra), and therefore, it is incumbent
upon the Police Authorities to follow and abide by the said directions falling
from the Hon'ble Apex Court. There is no need for this Court to issue any
fresh directions to the Respondent - Police Authorities asking them to comply
with the directions issued by the Hon'ble Apex Court in this regard as stated
herein above. However, as a abundant caution, the Respondent Authorities
shall ensure that the directions of the Hon'ble Apex Court are duly complied
with and shall also see that the CCTV Cameras installed in the concerned
Police Stations are functional.
8. With these observations, the present Petitions are hereby dismissed.
Notice is discharged.
(M. R. MENGDEY,J)
J.N.W / 66
