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High Court Of ChhattisgarhMCRC/3190/2015dismissed

Smt. Sona v. State Of Chhattisgarh

2015-07-08Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3190 of 2015 Smt. Sona W/o Sentu Sekh @ Supermani Aged About 30 years R/o Banaras (U.P.), At Present Kasim Bihar, Police Station - Khajuri, District - Gopalganj, Gajiyabad Uttar Pradesh ---- Applicant

Versus

State Of Chhattisgarh Through : The Station House Officer, Police Station - Sukama, District Sukma Chhattisgarh ---- Non-Applicant For Applicant:

Shri Paras Mani Shriwas, Advocate.

For Non-Applicant/State: Shri Aditya Sharma, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 08/07/2015 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing her on regular bail during trial in connection with Crime No. 16/2015 registered at Police Station - Chhindgarh, District Sukma for the offences punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act (henceforth "NDPS Act") (2) Case of the prosecution, in brief, is that present applicant

was found in possession of 8 Kg. of Ganja unauthorisedly and, thereby, committed the aforesaid offences.

(3) Counsel for the applicant submits that applicant has falsely been implicated in the crime in question as she is nothing to do with the same. He further submits that applicant is in jail since 02.02.2015; and the charge sheet has already been filed and, therefore, the applicant may be released on bail. (4) On the other hand, learned counsel for the State opposes the bail application.

(5) Having heard learned counsel for the parties, having regard to the facts and circumstance of the case and looking to the quantity of ganja and considering the provisions contained in Section 37(1)(b) of the NDPS Act, I am of the opinion that it is not a fit case in which the accused/applicant should be granted regular bail. Accordingly, the bail application is rejected. However, the trial Court is directed to expedite the trial. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-