Shanti Lal v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3442 of 2016 Shanti Lal, S/o. Ram Lal Anant, Aged About 23 Years, R/o. Village Navgawa, Police Station Baloda, District Janjgir Champa, Chhattisgarh. ---- Applicant
Versus
State Of Chhattisgarh, Through Station House Officer Baloda, District Janjgir Champa, Chhattisgarh.
---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :
Mr. Anup Majumdar, Advocate For Respondent :
Mr. Sumit Jhanwar, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 11.07.2016 1.
This is the first bail 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.87/2016 registered at Police Station- Baloda, District Janjgir-Champa (C.G.) for the offence punishable under Section 20(B) of Narcotics Drugs & Psychotropic Substance Act.
2.
Case of the prosecution, in brief, is that on 22.04.2016 on information received that the applicant is traveling with the Cannabis and tried to sell, he was intercepted and from the possession of the applicant, who was traveling in the motorcycle, total 4 Kg of Cannabis were recovered.
3.
Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case as the Cannabis were not seized in person from the applicant and the motorcycle has also not been seized, therefore, the applicant may be released on bail.
4.
Per contra, learned State counsel opposes the prayer for grant of bail.
5.
Perused the case diary and the documents. Prima facie, it appears that from the possession of the applicant total 4 Kg Cannabis were recovered. Considering the recovery made and taking into the quantity of seized Cannabis, I am not inclined to release the applicant on bail.
6.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is rejected.
Sd/- (Goutam Bhaduri) Judge Ashok