Devnandan Ram Chouhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

• Devnandan Ram Chouhan, son of Rameshwar Ram, aged about 31 years, resident of Village-Tula, Police Station -Farsabahar, District - Jashpur (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through :Station House Officer, Police Station - Ambikapur, District Surguja (C.G.) ---- Non-applicant For Applicant:

Mr. Harish Khuntiya, Advocate.

For Non-applicant/State:Mr. D.R. Minj, Dy. Govt. Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 2 5 /0 4 /201 (1) This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.20/2016 registered at Police Station Ambikapur, District Surguja for the offence 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 4.100 Kg. of Ganja, which he was carrying unauthorizedly for sale.

(3) Counsel for the applicant submits that the 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 the quantity of ganja and considering the fact that the applicant has to establish the fact of non compliance of the provisions contained in Section 20(B) of the NDPS Act during trial, 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.

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