Mangal Das v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.7968 of 2020 • Mangal Das S/o Late Charan Das Aged About 40 Years Caste Panika , R/o Lakrapara, Police Station Khadgawan, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through S.H.O. Police Station Khadgawan District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Respondent For Applicant :

Shri Pushkar Sinha, Advocate For Respondent/State :

Ms. Samikchha Gupta, Panel Lawyer Single Bench: Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/01/2021 Heard.

1.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.257/2020 registered at Police Station Khadgawan, District Koriya for the offence punishable under Section 20(A) of the NDPS Act. The applicant was arrested on 27-09-2020.

2.

Prosecution case is that in the courtyard of the applicant, 6 Numbers of ganja plants were found.

3.

Learned counsel for the applicant would argue that the applicant has been falsely implicated under the alleged commission of offence as there is no evidence that the applicant growing ganja plants. Relying upon the decision of the Supreme Court in the case of Alakh Ram vs. State of U.P.1, it is submitted that presence of ganja plants could not be made a basis to convict the accused for growing ganja plants. He would further submit that as investigation is complete, charge sheet has been filed and that the applicant is in jail since 27-09-2020 and also looking to the small quantity of ganja allegedly seized, the applicant may be granted bail.

4.

On the other hand, learned counsel for the State/non-applicant opposes 2004 SCR 394

the bail application by submitting that in view of seizure of 6 ganja plants from the courtyard of the applicant in presence of witnesses, prima facie case is made out against the applicant.

5.

Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration the quantity of ganja alleged seized from the courtyard of the applicant and the fact that investigation is complete, charge sheet has been filed and that the applicant is in jail since 27-09-2020, the application is allowed.

6.

It is ordered that the applicant shall be released on bail on furnishing a personal bond of Rs.25,000/- along with two local surety of the like amount to the satisfaction of the concerned trial Court on the condition that he shall appear before the trial Court regularly on each and every date of hearing, unless exempted.

Certified copy as per rules.

SD/- (Manindra Mohan Shrivastava) Judge Tumane