Shatrughan Prasad Shukla v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6627 of 2015 Shatrughan Prasad Shukla S/o Brijkishore Shukla Aged About 48 Years R/o Village - Karwanledra Para, Police Station - Khadgawan, District - Korea Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : Station House Officer, Police Station - Khadgawan, District - Korea Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. Anil Gulati, Advocate For Respondent :

Mr. U.K. S. Chandel Penal Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 07/12/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No. 106/2015 registered at Police Station- Khadgawan, District - Korea (C.G.) for the offence punishable under Sections 20(A) of Narcotic Drugs Psychotropic Substances Act.

2.

Case of the prosecution, in brief, is that the applicant was in possession of certain lands wherein 14 pieces of cannabis plants have been recovered. Therefore, the offence was registered against the present applicant.

3.

Counsel for the applicant submits that the applicant was not in possession of this land according to the Panchashala he was not the owner of the land wherein the cannabis plants were recovered, therefore, no offence is made out against the present applicant and therefore, he may be enlarged on bail.

4.

Per contra, State counsel opposes the prayer for grant of bail. 5.

Having regard to the fact that 14 pieces of cannabis plants were recovered from the possession of the applicant, I am of the opinion that it is not a fit case to release the applicant on bail.

6. Accordingly, the application for grant of bail is dismissed. Sd/- (Goutam Bhaduri) Judge Santosh