Mohammed Iqubal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 893 of 2015 Mohammed Iqubal S/o Late Mohammed Nawab Aged About 38 Years R/o Guru Nanak Chowk, Kasim Para, Torwa, Bilaspur, Tahsil & District Bilaspur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : Station House Officer, Police Station : Civil Line Bilaspur District Bilaspur Chhattisgarh ---- Respondent Shri Amit Singh, counsel for the applicant/s. Shri Vinod Tekam, Panel Lawyer for the State. Order On Board 16/09/2015 Heard.

The applicant is apprehending his arrest in connection with Crime No.227/15 registered at police station- Civil Line, Bilaspur, District - Bilaspur (CG) for alleged commission of offence under Section 20 (B) of Narcotic Drugs and Psychotropic Substances Act.

2.

The prosecution case is that 8 Kg of Ganja has been recovered from a vehicle. The allegations is that the other accused was arrested at the spot and the applicant escaped from the spot.

3.

Learned counsel for the applicant submits that the applicant is falsely implicated only on the basis of memorandum of the co-accused whereas he was not present at the spot. He was in Hawrah from 18/05/15 to 20/05/15. 4.

Learned State counsel submits that the memorandum of the coaccused who has been arrested with Ganja, has clearly stated the name of the applicant. Therefore, at this stage, the applicant is not entitled to grant of

anticipatory bail.

5.

Taking into consideration the submission of learned counsel for the applicant and that the applicant has been named in the memorandum of the co-accused and he escaped from the spot when Ganja was caught and the other co-accused is apprehended, I am not inclined to grant anticipatory bail to the applicant.

6.

The application is therefore rejected.

Sd/- Manindra Mohan Shrivastava Judge Deepti