Shashibhushan Shukla v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 340 of 2018

1. Shashibhushan Shukla S/o Baccha Shukla, Aged About 38 Years Caste- Brahman, R/o Sirsa Jaljalpur, Post Sonauli, P. S. Masrakh, District Chappra Saran, Bihar, Bihar

2. Mantu Kumar Mishra, S/o Ram Bhajan, Aged About 28 Years CasteBrahmin, R/o Kahimishrawalia, P. S. Jalalpur, District Saran, Bihar, --- Petitioners

Versus

• State of Chhattisgarh through Police Station Keshkal, District Kondagaon Chhattisgarh, --- Respondent For the applicant :

Mr. Abhishek Vinod Deshmukh, Adv.

For the Respondent :

Mr. S.R.J. Jaiswal, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board .0 3 .2018

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 77/2017 registered at Police Station Keshkal (C.G) for the offences punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act.

2. As per the prosecution case, on 26.6.2017, the police intercepted the Maruti Swift Car bearing Regn.No. DL-05 CD/6813 and on search being made, huge quantity of 76 kgs and 180 grams of cannabis was recovered from the said vehicle wherein the applicants were inmates.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated; there are inconsistencies in the statements of witnesses and no independent witness has been examined and the applicants

were only travelling in the vehicle and they were not in possession of the vehicle.

4. Per contra, learned State Counsel opposes the bail application.

5. Perused the case diary documents. Considering the seizure memo and the statements of witnesses and further looking to the recovery of huge quantity of Cannabis, I am not inclined to allow this bail application. Accordingly, it is rejected.

Sd/- GOUTAM BHADURI JUDGE R a o