Sakharam Sarthi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6834 of 2015 Sakharam Sharthi, son of Late Prem Sai Sarthi, aged about 66 years, resident of Hati, P.S. Chhal, Distt. Raigarh, Chhattisgarh ... Applicant Vs.

State of Chhattisgarh, through Station House Officer, Police Station Chhal, Distt. Raigarh (C.G). ...

Respondent For the applicant :

Mr. Manoj Jaiswal, Advocate.

For the Respondent :

Mr. Anil S. Pandey, Govt. Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 09.12.2015

1. This is an application filed u/s 439 of the Code of Criminal Procedure seeking granting of regular bail to the applicant in connection with Crime No. 86/2015 registered at Police station Chhal, Distt.Raigarh (C.G) for the offences punishable under sections 20-B of Narcotic Drugs and Psychotropic Substances Act, 1985.

2. As per the prosecution case, on 05.09.2015, when a raid was conducted by the Police, 1 Kg., contraband Ganja was recovered from the possession of the applicant.

3. Learned counsel for the applicant submits that the seized quantity of Ganja is small quantity. He further submits that he has made some complaint to the Superintendent of Police against the Doctor and therefore he has been falsely implicated.

4. Per contra, learned State Counsel opposes the prayer for grant of bail and submits that earlier 7 cases were registered against the applicant on different sections of IPC including a case of NDPS.

5. Perused the case diary and the documents. Prima facie, it appears that from the possession of the applicant, recovery of cannabis was made.

6. Further, considering the past antecedents of the applicant that he

was involved in as many as 7 cases which were registered against him for the offences punishable u/ss 302, 307, 379, 395, 394, 506 IPC including section 20-B of NDPS Act, I am not inclined to release the applicant on bail. Accordingly, the application is rejected. Sd/- GOUTAM BHADURI JUDGE Rao