Shivkumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7192 of 2016 • Shivkumar Sahu S/o Ayodhya Prasad Sahu Aged About 34 Years R/o Karaudi, Police Station Shahpura, District- Dindauri, Madhya Pradesh. --- Applicant

Versus

• State of Chhattisgarh through Station House Officer, Police Station Kanker, District- North Bastar Kanker, Chhattisgarh. --- Respondent For the applicant :

Mr. N.K. Chaterjee, Advocate For the Respondent :

Mr. Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 17.11.2016

1. This is first 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. 279 of 2016 registered at P.S. Kanker, Distt. North Bastar Kanker (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 12.08.2016 an information was received that some persons were carrying cannabis, on which a raid was conducted and the vehicle bearing registration No. M.P.20-CC/4708 was intercepted. When the said vehicle was searched, 13 Kgs., of Cannabis was recovered from the possession of the applicant and other accused.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated and the cannabis was not recovered in person from the applicant; the charge sheet in this case has been filed and no further investigation is

necessary, therefore, he may be enlarged on bail.

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

5. Perused the case diary documents and statements.

6. Considering the quantity of Ganja and the recovery so made from the present applicant and other accused, I am not inclined to allow this bail application. Accordingly, it is rejected.

Sd/- GOUTAM BHADURI JUDGE R a o