Shanti Jagat v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4459 of 2017 Shanti Jagat W/o Lakhan Jagat, Aged About 65 Years R/o Roop Nagar, Udiya Mohalla, Kumhari, Police Station Kumhari, District Durg, CG. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Kumhari, District Durg, Chhattisgarh.

---- Respondent For applicant Mr. Ajay Thakre, Adv.

For Respondent/State Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 11-81. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 3-9-2016 in connection with Crime No. 189/2016 registered in PS Kumhari, Distt. durg (CG) for offence punishable under Section 20(b)(ii)(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 and the same is pending before the Special Judge under the NDPS Act, Durg as Special Criminal Case (NDPS Act) No. 23/2016. Learned counsel submits that the applicant is the first offender, aged about 65 years, weight of ganja includes the weight of bag and also as she is in custody since 3-9-2016, she may be enlarged on bail. As per allegation, the applicant was found in possession of 5 kg of contraband ganja.

4. Per contra, learned State counsel opposes the bail application.

5. Perused the matter.

6. On consideration of quantity of Ganja seized from the applicant and other facts, I am not inclined to grant bail to the applicant.

7. Instant MCRC is dismissed.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak