Prakash Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3355 of 2016 Prakash Sahu S/o Surendra Sahu Aged About 26 Years R/o Village Kalunga, P.S. Bamhani Tarang, District Sundargarh, Orisa. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station G. R. P. Bilaspur, District Bilaspur, Chhattisgarh.

---- Respondent For applicant - Smt. Kiran Jain, Advocate.

For Respondent/State - Shri Anant Bajpai, PL. Hon'ble Shri Justice Goutam Bhaduri Order 7/07/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.37/2016 registered in Police Station GRP Bilaspur (C.G.) for offence punishable under Section 20-B of Narcotics Drugs and Psychotropic Substance Act, 1985. 2.

As per the prosecution case on an information received on 14/03/2016, raid was conducted and from the Railway Platform No.5 police has seized 10 kg of cannabis from the possession of the applicant. Thereby offence is committed.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and cannabis was not seized from the conscious possession of the applicant and the police did not follow the provisions of the NDPS Act before arrest made. Therefore, she submits that under the facts the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. Prima facie it shows that recovery was made from the applicant and also considering the quantity of cannabis seized which is 10 kg, this Court is not inclined to release the applicant on bail. Accordingly, this application is dismissed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri