Vinay Dhruv v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCRC No. 1125 of 2018 Vinay Dhruv S/o Mayaram Dhruv Aged About 23 Years R/o Tikrapara, Bilaspur Behind Mamta Tent House Tikrapara, Police Station City Kotwali, Bilaspur District Bilaspur Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through District Magistrate, Bilaspur District Bilaspur Chhattisgarh ---- Respondent 12.02.2018 Mr. Rakesh Pandey, Counsel for the applicant. Mr. Suryakant Mishra, Panel Lawyer for the State. This is second bail application filed u/s 439 of the Code of Criminal Procedure with connection with Crime No. 304/2017 registered at P.S.- City Kotwali, Bilaspur for the offence punishable u/s 22 (c) of the NDPS Act. As per the prosecution case, on receipt of information that the applicant and other co-accused Manoj Saluja used to sell Drugs which was being transported on the Activa Scooter, a raid was conducted on 14.08.

2017 and from the possession of the present applicant and another accused 2200 Tablets of Nitrosun 10, 3168 Capsules of Spasmoproxyvon Plus and 99 Bottles of Biorex Cough Syrup 100 ML were seized and they were found to have contained psychotropic substance. Learned counsel for the petitioner would submit that necessary compliance was made under the NDPS Act which is apparent on the face of record. He further submits that the applicant is in jail since 15.08.2017 and the charge sheet has been filed therefore he may be enlarged on bail.

Per contra, learned State counsel opposes the bail application. Perused the earlier rejection order dated 13.12.2017. There is no substantial change of circumstances to be considered within a short span of time. Therefore, I am not inclined to allow this bail application. Accordingly, it is rejected. Sd/- GOUTAM BHADURI JUDGE R a o .