Laxmi Kumar Jaiswal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6714 of 2015 Laxmi Kumar Jaiswal S/o Late Ramrup Jaiswal Aged About 30 Years R/o Mohalla Bouripara, P.S. Kotwali, Ambikapur, Distt. Surguja, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through S.H.O., P.S. Rajpur, Distt. Balrampur, Chhattisgarh.

---- Respondent For applicant - Shri S.R. Sinha, Advocate.

For Respondent/State - Shri Vivek Singhal, PL. Hon'ble Shri Justice Goutam Bhaduri Order 8/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 132/2015 registered in Police Station Rajpur, Distt. Balrampur (C.G.) for offence punishable under section 22 of Narcotic Drugs and Psychotropic Substances Act. 2.

As per the prosecution case on 23/08/2015 applicant was found in possession of 9.50 grams of brown sugar, therefore offence was committed.

3.

Learned counsel for the applicant submits that applicant has been wrongly implicated in the case and before taking applicant into custody, procedure under the NDPS Act were not followed and documents and charge sheet wherein crime number has been shown, was ultimately registered at the last. Subsequently, it will lead to show false implication of the applicant.

4.

Learned State counsel opposes the prayer for grant of bail.

5.

Having regard to the facts and circumstances of the case, and also considering the fact that applicant was found in possession of 9.50 grams of brown sugar, this court is not inclined to release the applicant on bail. 6.

Accordingly, the bail application is dismissed. However, liberty is granted to the applicant to revive the bail application after examination of the panch witnesses.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri