Vinay Dhruv v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6665 of 2017 Vinay Dhruv, S/o. Mayaram Dhruv, Aged About 25 Years, R/o. Behind Mamta Tent House Tikrapara, Police Station City Kotwali, District Bilaspur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through The Station House Officer, Police Station City Kotwali, District Bilaspur, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. S.R.J.Jaiswal, Advocate For Respondent :

Mr. Neeraj Sharma, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 13.12.2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.340/2017 registered at Police Station- City Kotwali, District Bilaspur (C.G.) for the offence punishable under Section 22(c) of N.D.P.S. Act, 1985.

2.

As per the prosecution case, on information received that the applicant and other co-accused Manoj Saluja used to sell Drugs in between 9-10 p.m. which was being carried in the Activa Scooter near Mahuwa Hotel, a raid was conducted on 14.08.2017 and from the possession of the present applicant and another coaccused 2200 Tablets of Nitrosun 10, 3168 Capsules of Spasmoproxyvon Plus and 99 Bottles of Biorex Cought Syrup 100 ML were seized and it found to be containing psychotropic substance.

3.

Learned counsel for the applicant submits that the applicant is only an employee of Manoj Saluja who is the owner of Laxmi Medical Agency and the seizure of the psychotropic substance were not from the present applicant; therefore, he may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. It appears that the applicant alongwith the other co-accused while was selling the contraband psychotropic substance were caught and from their possession, the goods were recovered. Considering the same, I am not inclined to release the applicant on bail. 6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is dismissed.

Sd/- (Goutam Bhaduri) Judge Ashok