Gaya Prasad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6437 of 2016 • Gaya Prasad S/o Mithai Lal Jaiswal Aged About 26 Years R/o Shantipur Takhatpur Bilaspur Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh through the Station House Officer, Police Station Baloda, District Janjgir Champa Chhattisgarh --- Respondent For the applicant :

Mr. Amit Kumar, Advocate.

For the Respondent :

Mr. Anant Bajpai, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 20.10.2016

1. This is second bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.138/2016 registered at P.S. Baloda, Distt. Janjgir Champa (C.G) for the offence punishable under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. As per the prosecution case, on 13.07.2016 an information was received that the applicant was carrying cannabis in a vehicle bearing Regn.No.C.G.10-B/7097. Upon which the said vehicle was intercepted and on a search being made, 50 Kgs., of cannabis was recovered from the vehicle.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and the cannabis was not seized in person from the possession of the applicant.

4. Per contra, learned State Counsel opposes the bail.

5. The earlier bail application was dismissed as withdrawn on

23.08.2016.

6. Perused the case diary and documents.

7. After perusal of the case diary documents, it appears that the Ganja was seized from the possession of the applicant and taking into such fact and looking to the huge quantity of Ganja which was seized, I am not inclined to allow this bail application. Accordingly, it is rejected.

Sd/- GOUTAM BHADURI JUDGE R a o