Gopal Kumar And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.3608 of 2016

1. Gopal Kumar son of Jaypal Singh, aged 19 years, r/o Umariya, Distt. Aligarh, U.P.

2. Amit Kumar, son of Ramesh Chandra, aged about 25 years, caste Jatav, r/o Shivlal Kala, Distt. Aligarh, U.P. ...

Applicants.

Versus

State of Chhattisgarh through Police Station Nagarnar, Distt. Bastar, C.G.

... Respondent For the applicant :

Mr. Alok Dewangan, Advocate For the Respondent :

Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 23.08.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 21 of 2016 registered at P.S. Nagarnar, Distt. Bastar (C.G) for the offence punishable under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. As per the prosecution case, on 07.02.2016 on an information received that the applicants were carrying contraband Ganja in Bus bearing Regn.No.C.G.19F/0702, as such the said bus was intercepted and on a search being conducted, 14 Kgs., & 500 grams of Ganja was recovered. thereby the offence is committed.

3. Learned counsel for the applicants would submit that separate seizure was made i.e., from the possession of applicant no.1, only 2 Kgs and from applicant No.2, 5 Kgs., of Ganja is said to have been seized and the said seizure was not made in person from the present applicants, therefore,

the applicants have been falsely implicated.

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

5. Perused the case diary and the seizure memos.

6. Considering the alleged seizure made from the applicants and the documents available in this case, I am not inclined to allow this application. Accordingly, it is rejected. Sd/- GOUTAM BHADURI JUDGE R a o