High Court Of ChhattisgarhMCRC/5505/2018dismissed

Mo. Wahid v. State Of Chhattisgarh

2018-08-21Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5505 of 2018 • Mo. Wahid S/o Mo. Raju Aged About 25 Years R/o- Taiba Chowk Talapara, Bilaspur, Police Station- Civil Line, Bilaspur, Tahsil And District- Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Officer-In-Charge, Police Station-City Kotwali, Bilaspur, Tahsil And District- Bilaspur, Chhattisgarh ---- Respondent For Applicant :

Shri Badruddin Khan, Advocate For Respondent/State :

Shri Ashutosh Pandey, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 21/08/2018

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 on 14.08.2017 in connection with Crime No. 340/2017 registered at Police Station City Kotwali, Bilaspur (CG) for the offence punishable under Section 22 (G) of the NDPS Act.

2. As per the prosecution case, on 14.08.2017 from the possession of the applicant and the other co-accused persons narcotic substance was found and from the present applicant 1000 Nitrogen tablets and 1440 tablets of Spasmo tablets were found, which were containing the psychotropic substance.

3. Learned counsel for the applicant submits that there is gross violation of Section 52 (2) of the NDPS Act and the applicant has been falsely implicated and even in the Malkhana no inventory was prepared, therefore, the applicant may be released on bail.

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

5. Perusal of the record shows that before the trial Court as many as 12 witnesses have been examined, therefore, at this stage evaluating the statement of the witnesses would amount to usurpting the power of the trial Court while hearing the bail and it is for the trial Court to consider the merits of the case. Under the circumstances and considering the progress of the trial and the nature of the allegation, I am not inclined to release the applicant on bail.

6. Accordingly, the bail application is dismissed. Sd/- Goutam Bhaduri Judge Ashu