Navin Malla v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5640 of 2017 • Navin Malla S/o Dharam Singh Malla, Aged About 27 Years R/o Nithari Sector 20 Noida Gautam Budhnagar, Uttar Pradesh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Bodhghat District Bastar, Chhattisgarh.

---- Non-applicant _________________________________________________________ For Applicant : Shri P.K. Tulsyan, Advocate.

For Respondent/State : Shri Niraj Jian, Gov. Advocate.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 14.09.2017 1.

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant has been arrested in connection with Crime No. 25/2017 on 31.01.2017, Police Station Bodhghat, District Bastar, C.G., for the offence under Section 20 (b) (ii) (B) of the Narcotics Drugs and Psychotropic Substance Act, 1985 (in brevity '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, Bastar, C.G., as Special Criminal Case (NDPS Act) No. 11/17,

applicant is aged about 27 years, he has been falsely implicated, trial may take sometime, he will furnish bail and will abide by the term and condition imposed. 4.

Per contra, learned counsel for the respondent/State opposed the arguments advanced on behalf of the applicant and would submit applicant is resident of Noida District Goutam Budhnagar (U.P.) and for no reasonable explanation he was found at the New Bus Stand Jagdalpur along with 10 Kg of Ganja in a carry bag, which shows that the applicant was involved for the illegal sale.

5.

Perused the entire material.

6.

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

7.

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