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High Court Of ChhattisgarhMCRC/3263/2015disposed off

Dalbir Uike v. The State Of Chhattisgarh

2015-07-14Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

• Dalbir Uike, aged about 36 years, S/o Shri Ramlal Uike, R/o Gonji, Sahsatra Road, Police Station & District - Mandala, State of M.P.

---- Applicant

Versus

• State Of Chhattisgarh Through SHO, Police Station & District Gariyaband (C.G.) ---- Non-applicant For Applicant:

Shri Vikram Singh, Advocate.

For Non-Applicant/State:

Shri S.R.J. Jaiswal, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/07/2015 Heard.

(1) The accused/applicant has preferred this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 96/14 registered at Police Station Gariyaband, District Raipur for the offences punishable under Section 25 ([k) of the N.D.P.S. Act.

(2) Case of the prosecution, in brief, is that present applicant was found in possession of 13.5 kgs. of Ganja. (3) Counsel for the applicant submits that the applicant has falsely been implicated in the crime in question as statutory

compliance as required under the NDPS Act has not been complied with while making seizure of the alleged Ganja and, therefore, the applicant may be released on bail. (3) On the other hand, learned counsel for the State opposes the bail application.

(4) Having heard learned counsel for the parties, having regard to the facts and circumstance of the case and looking to huge quantity of ganja i.e. 13.5 Kilograms, which was seized from the possession of the applicant, I am not inclined to release the applicant on bail. Thus, the bail application is rejected. However, the trial Court is directed to expedite the trial. Sd/- (Sanjay K. Agrawal) Judge D/-