Balram Bhagat v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4160 of 2017 • Balram Bhagat S/o Raghubir Panda, Aged About 50 Years R/o Khiriya Mohalla, Aalampur, District Bhind, Madhya Pradesh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station G.R.P. Bilaspur, Chhattisgarh.

---- Non-applicant _________________________________________________________ For Applicant : Shri Anil Tawadkar, Advocate.

For Respondent/State : Shri Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 19.09.2017 1.

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant has been arrested in connection with Crime No. 35/2017, on 26.03.2017, Police Station G.R.P. Bilaspur, C.G., for the offence under Section 20 (b) (ii) C of the Narcotics Drugs and Psychotropic Substance Act, 1985 (for short 'the NDPS Act').

3.

Learned counsel for the applicant would submit that after investigation police had filed charge-sheet which is pending before Special Judge under the NDPS Act, Bilaspur, C.G., as Special Criminal Case (NDPS Act) No. 11/17.

Learned counsel for the applicant would submit that the applicant has been falsely implicated, from his possession noting has been seized, the video footage of CCTV camera installed at the relevant place is not adduced as the evidence in the charge-sheet. From the applicant only Rs. 156 has been seized, hence he maybe granted bail during the trial. 4.

Per contra, learned counsel for the respondent/State the arguments advanced on behalf of the applicant. 5.

Perused the entire material.

6.

As per the material collected by the prosecution primafacie from the applicant 24 kg Ganja has been seized. The applicant is the resident of District Bhind, Madhya Pradesh, he had not shown any explanation for his presence at the relevant time at the railway station. On due consideration the entire material, I am not inclined to grant bail to the applicant. 7.

Consequently, the instant MCRC is hereby dismissed. Sd/- (Chandra Bhushan Bajpai) Judge Pawan