Jamil Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3740 of 2016 • Jamil Khan S/o Shakil Khan @ Sahabuddn Aged About 50 Years R/o Sundar Nagar, Govinda (Maharashtra) Originally Resident of Baijnathpara, Behind Hyderabadi Hotel, Raipur, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Bhimkhoj, District Mahasamund, Chhattisgarh. --- Respondent For the applicant :

Mr. Sudhir Verma, Advocate For the Respondent :

Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 18.07.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 52 of 2016 registered at P.S. Bhimkhoj, District Mahasamund (C.G) for the offence punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. As per the prosecution case, on 28.03.2016 from the possession of the applicant, 5 Kgs., of cannabis was recovered while it was being transported, thereby the offence is committed.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated and no offence has been committed. He further submits that the cannabis was not seized from the exclusive possession of the applicant, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary documents which prima facie shows that from the possession of the applicant, 5 Kgs., of cannabis was recovered.

6. Looking to the quantity of cannabis which is alleged to be recovered from the possession of applicant, I am not inclined to allow this bail application. Accordingly, it is rejected. Sd/- GOUTAM BHADURI JUDGE R a o