Sanjay Benwa v. State Of Chhattisgarh

MCRC No. 7639 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7639 of 2020 • Sanjay Benwa S/o Late Dara Singh Benwa, Aged About 31 Years R/o Shrinagar, Khamtarai, District Raipur Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Telibandha, Raipur, District Raipur Chhattisgarh. ---- Respondent For Applicant Mr. KK Dewangan, Advocate For Respondent /State Mr. Ravish Verma, Government Advocate SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 8/1/2021

1. Heard.

2. This is an 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.356/2020 registered at Police Station Telibandha, Raipur, District Raipur (CG) for the offence punishable under Section 21(B) of the Narcotics Drugs Psychotropic Substances Act.

3. The applicant along with co-accused Irfan were found carrying illicit psychotropic substance. When they were searched on 3.10.2020, from both the accused, 72 capsules each of SPAS-

MCRC No. 7639 of 2020 TRANCAN PLUS have been recovered. The total psychotropic substance in the seized medicine is weighed at 27.72 grams, which is more than the small quantity (5 gm), but less than the commercial quantity (250 gm).

4. Considering that the applicant is in jail since last more than 3 months and the charge sheet has already been filed as also the quantity of psychotropic substance, which is less than the commercial quantity, this Court is inclined to release the applicant on regular bail.

5. Accordingly, the bail application is allowed and the applicant is are directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

6. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna