Krishna Lal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6639 of 2017 Krishna Lal, S/o. Mohar Sai, Aged About 25 Years, R/o. Village Beldagi, P.S. Lakhanpur, District Surguja, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Police Station - Sitapur, District Surguja, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. A.K.Prasad, Advocate For Respondent :

Mr. S.R.J.Jaiswal, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 06.12.2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.108/2017 registered at Police Station- Sitapur, District Surguja (C.G.) for the offence punishable under Section 20-B of N.D.P.S. Act. 2.

As per the prosecution case, on a raid being conducted on 30.05.2017 from the possession of the applicant, 7 Kg 550 Gram Cannabis were seized; thereby the offence has been committed. 3.

Learned counsel for the applicant would submit that the Cannabis was not seized from the person of the applicant but it was seized from the open place and the applicant has been falsely implicated; therefore, he may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. Considering the facts & circumstances of the case and taking into the quantity of the seized Cannabis i.e. 7 Kg 550 Gram, I am not inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is dismissed.

Sd/- (Goutam Bhaduri) Judge Ashok