Amal Dutoo v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCRC No. 6645 of 2017 (Arising out of Crime No. 39 of 2017 registered at Police Station Devendra Nagar, Raipur for the offence punishable u/s 20(B) of the NDPS Act) ...

• Amal Dutoo S/o Shibu Dutoo, Aged About 25 Years R/o Jhatimati(Wrongly Mentioned As Jhalimati In Impugned Order Sheet), Colony, Kalkangiri, Police Station- Malkangiri, Civil And Revenue District- Malkangiri, Orissa. --- Petitioner

Versus

• State of Chhattisgarh Through- Station House Officer, Police Station- Devendra Nagar, Raipur, District- Raipur, Chhattisgarh. --- Respondent 05.12.2017 Ms. Upasana Mehta, counsel for the applicant. Mr. Anupam Dubey, Dy. Govt. Adv. for the State. This is first bail application filed u/s 439 of the Code of Criminal Procedure for grant of bail to the applicant. As per the prosecution case, on receipt of information when a raid was conducted by the police on 26.4.2017, from the possession of the applicant 10 Kgs., of Ganja was recovered.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no cannabis was recovered in person from the applicant. He further submits that the recovery was made at the busstand and the applicant was not in conscious possession, therefore, he may be enlarged on bail.

Per contra learned State Counsel opposes the bail application.

Considering the nature of recovery and quantity of Ganja, I am not inclined to allow this bail application. Accordingly it is rejected.

Sd/- GOUTAM BHADURI JUDGE R a o