High Court Of ChhattisgarhMCRC/4176/2021dismissed

Mahesh Kewat v. State Of Chhattisgarh

2021-07-29Hon'Ble The Acting Chief Justice2 pages

MCRC No. 4176 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4176 of 2021 • Mahesh Kewat S/o Mangal Kewat Aged About 40 Years Caste Kewat, R/o Village Cholna, P.S. Jaithari District Annupur (M.P.)., ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Kotwali, Jagdalpur, District Bastar Chhattisgarh ---- Respondent For Applicant Mr. Ashok Kumar Komra, Advocate For Respondent/State Mr. Mr. VR Tiwari, Additional Advocate General with Mr. Vikram Sharma, Dy. AG Proceedings through Video Conferencing SB.: Hon'ble Mr. Prashant Kumar Mishra, Ag. CJ Order On Board 29/7/2021

1. Heard.

2. This is an 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.423/2020 registered at Police Station Kotwali, Jagdalpur, District Bastar (CG) for the offence punishable under Section 20(B)(ii) (C) of the NDPS Act.

3. The applicant along with co-accused were illicity transporting 78

MCRC No. 4176 of 2021 Kg of Ganja in a car bearing registration No.CG 12 Y 1600, when the same was intercepted near Nayak Transport, Hatakchaura on 17.9.2020. The Mukhbir Panchnama also records the number of the vehicle, in which, there was suspicion of transportation of illicit Ganja.

4. Learned counsel for the applicant submits that the applicant is the lawyer at Anuppur (Madhya Pradesh) and had come to Jagdalpur for his professional work and has been falsely implicated. He would also submit that the applicant was not aware that the driver of the vehicle co-accused Anand Ram was carrying Ganja, therefore, for this reason, he cannot be held responsible.

5. At this stage of proceedings, there is nothing to prima facie suspect the seizure of contraband made by the concerned Police, therefore, considering the restrictions on the Court's exercise for grant of bail as contained in Section 37 of the NDPS Act, I am not inclined to release the applicant on regular bail.

6. Accordingly, the bail application is dismissed. Sd/- ( Prashant Kumar Mishra) Acting Chief Justice Shyna