High Court Of ChhattisgarhMCRC/7915/2020rejected

Om Prakash Gupta v. State Of Chhattisgarh

2021-01-21Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 7915 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7915 of 2020 Om Prakash Gupta, S/o Shri Arjun Prasad Gupta, aged about 38 years, Caste Sondik, R/o Village Silota, PS & Tehsil Pratappur, District Surajpur (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Pratappur, District Surajpur (CG) ---- Non-Applicant For Applicant : Shri Surfaraj Khan, Advocate.

For Non-Applicant : Shri Rajendra Tripathi, PL. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 21/01/2021 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.166/2020 registered in Police Station Pratappur, District Surajpur for offence under Section 21 (C) of the NDPS Act.

2. The applicant has been found in illicit possession of 20 bottles of cough syrup, each containing 100 ml of codeine psychotropic.

3. In the matter of Hira Singh & Another Vs. Union of India & Another (CRA No.722/2017), the Hon'ble Supreme Court has held that the quantity of psychotropic substance has to be calculated by including

MCRC No. 7915 of 2020 neutral substance. Therefore, considering the huge quantity of cough syrup recovered from the applicant, which is of commercial quantity, I am not inclined to release the applicant on bail. Accordingly, the application is rejected.

Sd/- Judge (Prashant Kumar Mishra) Barve