High Court Of ChhattisgarhMCRC/2397/2017dismissed

Ravindra Sahu v. State Of Chhattisgarh

2017-09-21Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2397 of 2017 Ravindra Sahu S/o Bhola Sahu, Aged About 30 Years Caste Teli, R/o Village Umapur, Police Station Tahsil Ramanujnagar, Civil & Revenue District Surajpur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Surajpur, District Surajpur, Chhattisgarh.

---- Respondent For applicant Mr. C.P. Lahare, Adv.

For Respondent/State Mr.Vinod Tekam, PL.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 21-91. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 28-2-2017 in connection with Crime No. 83/2017 registered in PS Surajpur, Distt. Surajpur for offence punishable under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in brevity 'NDPS Act').

3. Learned counsel for the applicant submits that after investigation charge sheet has been filed but he is not aware of the special criminal case number but the matter is pending before the Special Judge under NDPS Act, Saurajpur. Learned counsel submits that manufactured drug seized from the applicant was of small quantity. He is in custody since long. Hence the applicant may be granted bail.

4. Per cons, learned State counsel opposes the arguments advanced on behalf of the applicant and submits that as provided in the table given under sub-clauses (viia) and (xxiiia) of Section 2 of the NDPS Act, column No. 4, the substances seized from the applicant does not fall within the small quantity but the matter is under the ambit of less than

commercial quantity and greater than small quantity. Looking to the entire act, the psychotropic drugs seized from the applicant, instant MCRC may be dismissed.

5. Perused the matter.

6. On due consideration of the material collected against the applicant, as the matter does not fall under the small quantity, I am not inclined to grant bail to the applicant.

7. Consequently, instant MCRC is dismissed.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak