Saiyyed Salim v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7492 of 2016 • Saiyyed Salim S/o Late Saiyeed Azim Aged About 34 Years R/o Nehru Nagar, Chandni Chowk, Police Station Kotwali, Raipur, Presently Residing At Sanjay Nagar, Near Jyoti School, Tikrapara, Raipur, District Raipur, Chhattisgarh. --- Applicant

Versus

• State of Chhattisgarh through Police Station Kotwali, Raipur, District Raipur, Chhattisgarh. --- Respondent For the applicant :

Mr. D. Kushwaha, Advocate.

For the Respondent :

Mr. Arvind Shukla, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 28.11.2016

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. 222/2016 registered at P.S. Kotwali, Raipur Distt. Raipur (C.G) for the offence punishable under Section 21, 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. As per the prosecution case, on 17.08.2016 an information was received by the Police that the applicant was carrying contraband cannabis in vehicle No. C.G.04-C.T/2873. Thereafter the vehicle was raided and from the possession of the applicant, 320 packets of brown sugar total weighing 17 grams were seized, thereby the offence has been committed.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated and no seizure was made from the present applicant, therefore, he may be enlarged on bail.

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

5. Perused the case diary and the documents.

6. Looking to the nature of recovery made from the applicant i.e., 17 grams of brown sugar in 320 packets, it appears that the applicant is deeply involved in such business. Taking into nature of allegations and the evidence collected by the prosecution, I am not inclined to allow this bail application. Accordingly, it is rejected.

Sd/- GOUTAM BHADURI JUDGE R a o