Shekhar Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BIL Order Sheet MCRC No. 6038 of 2015 • Shekhar Yadav S/O Kalinder Yadav Aged About 21 Years Caste Mahkul, R/O Village Gariyadohri, Chowki-Dokda, Police Station Kansabel, District Jashpur Chhattisgarh. ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Tapkara, District Jashpur Chhattisgarh.

---- Respondent 16.11.2015 Mr. J.K. Saxena, counsel for the applicant.

Mr. Ramakant Mishra, Deputy Advocate General for the State.

This is an application filed u/s 439 of the Code of Criminal Procedure for grant of bail to the applicant in connection with Crime No. 119 of 2015 registered at P.S. Tapkara, District Jashpur (C.G) for the offence punishable u/s 20(B) of the Narcotic Drugs and Psychotropic Substances Act.

As per the prosecution story, on 26.08.2015 on the basis of the information, a raid was conducted by the SubInspector, Police Station Tapkara wherein 4 Kgs. of contraband Ganja was seized from the possession of the applicant, therefore, the offence has been committed. Learned counsel for the applicant submits that he has been falsely implicated in this case and the mandatory provisions of the NDPS Act have not been complied with by the prosecution. He prays for releasing the applicant on bail.

Per contra, learned State Counsel opposes the bail. Having regard to the facts and evidence available on record and looking to the quantity of Ganja, I am not

inclined to allow the bail application.

Accordingly, the bail application is rejected. However, considering the age of the applicant, he would be at liberty to renew the prayer after examination of the seizure witness.

Sd/- GOUTAM BHADURI JUDGE Rao