Lokesh Baghel And ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.2371 of 2017
1. Lokesh Baghel S/o Antu Ram Baghel, Aged About 32 Years R/o Prem Nagar Sukma, Police Station Sukma, District Sukma, Civil & Revenue District Sukma, Chhattisgarh.
2. Khitendra Sahu S/o Shiv Prasad Sahu, Aged About 29 Years R/o Prem Nagar Sukma, Police Station Sukma, District Sukma, Civil & Revenue District Sukma, Chhattisgarh. ---- Applicants
Versus
• State Of Chhattisgarh Through Police Station Sukma, District Sukma, Chhattisgarh.
---- Respondent For Applicant : Shri PR Patankar, Advocate For Respondent/State : Shri Sumit Jhawar, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 02.5.2017 Heard the matter finally.
2.
This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with Crime No.05/2017 registered in Police Station Sukma, Distt. Sukma for the offence punishable under Section 20B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').
3.
Learned counsel for the applicants submits that the applicants have been arrested on 14.01.2017, after investigation, concerned police has filed charge sheet against the present applicants, which is pending as Special Case No.01/17 before
Special Judge under the Act, Dantewada. From applicant Lokesh Baghel 8.700 kg of ganja and from applicant Khitendra 7.400 kg ganja has been seized. He further submits that as the charge sheet is filed there is no question of tampering of witness in any way, the quantity so seized is the below the commercial quantity, hence the applicants may be granted bail 4.
Per contra , learned counsel for the State opposes the bail application.
5.
Perused the entire material.
6.
On due consideration, looking to the quantity of ganja so seized from the possession of the applicants, I am not inclined to grant bail to the applicants.
7.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is hereby dismissed.
Sd/- (Chandra Bhushan Bajpai) JUDGE Bini