Balvinder Singh v. Government Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9527 of 2020 • Balvinder Singh S/o Dalbeer Singh Aged About 48 Years V.P.O. Vithvan, P.O. Bham, Tahsil Batla, District Gurdaspur (Punjab). At Present R/o Quarter No. 301, Ward No. 01, R.D.A. Colony Tatibandh, Raipur, District (Revenue And Civil) Raipur Chhattisgarh.

---- Applicant

Versus

• Government of India Ministry Of Finance (Department Of Revenue) Directorate Of Revenue Intelligence, Raipur Regional Unit, Through Sandeep Kumar, Intelligence Officer, Dri, Regional Unit, 30, Panchsheel Nagar, Civil Line, Raipur, District Raipur Chhattisgarh.

---- Respondent For Applicant :

Mr. Yogesh Pandey, Advocate.

For Respondent :

Mr. Ramakant Mishra, A.S.G.

Hon'ble Smt. Justice Rajani Dubey Order on Board 13.04.2021 • The applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 05/2020 registered at Police Station : Directorate of Revenue Intelligence, Raipur Regional Unit, 30, Panchsheel Nagar, Civil Lines, Raipur, District Raipur (C.G.) for the offence punishable under Sections 8(c), 20(b)(ii)(C), 25, 27A & 29 of NDPS Act.

• According to the prosecution story, upon being informed Investigating Agency searched one truck bearing Registration number PB 12 Q 7045 seized total 800.00 kg. contraband article cannabis (Ganja) from the possession of co-accused person. Later on, after

investigation, present applicant has been arrested because a truck bearing Registration No. PB 12 Q 7045 belongs to the present applicant.

• Learned counsel appearing on behalf of the applicant would submit that the applicant is innocent and has been falsely implicated in the case. He would further argue that nothing has been seized from the possession of present applicant, he has been arrested only on the basis of the fact that he is the owner of the said vehicle. The applicant is in custody since 16.07.2020 and he is ready to furnish adequate surety and shall abide by all the conditions and directions imposed upon him, therefore, he may be released on bail. • Per contra, learned Assistant Solicitor General of India would oppose the prayer for grant of bail. • I have heard learned Counsel for the parties. • Considering the facts and circumstances of the case, particularly the excess quantity of psychotropic substance, at this stage, I am not inclined to release the present applicants on bail.

• Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is rejected. Sd/- (Rajani Dubey) Judge V/-