Ramswarup Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

Ramswarup Patel, son of Ramnath Patel, aged about 40 years, R/o Village Risdi, Khodri, Tahsil Katghora, District Korba (C.G.) ---- Applicant

Versus

State Of Chhattisgarh: Through - Police StationKushmunda, District - Korba (C.G.) (Note: Police Station wrongly mention in the impugned order) -----Non-applicant For Applicant:

Mr. A.K. Yadav, Advocate.

For Non-applicant/State:Mr. Suvigya Awasth, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 3 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 5/2016 registered at Police Station Kushmunda, District Korba (C.G.) for the offences punishable under Section 20(B) of the NDPS Act.

(2) Case of the prosecution, in brief, is that present applicant was found in possession of 2.500 kgs. of Ganja. (3) Counsel for the applicant submits that the applicant has falsely been implicated in the crime in question as statutory compliance as required under the NDPS Act has not been complied with while making seizure of the alleged Ganja 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 huge quantity of ganja i.e. 2.5 Kilograms, which was seized from the possession of the applicant, I am not inclined to release the applicant on bail. Thus, the bail application is rejected. Certified copy, as per rules.

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