Dahimati Kumhar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8283 of 2016 • Dahimati Kumhar W/o Dilip Kumhar Aged About 38 Years R/o Sakin Roopnagar, Udiya Mohalla Kumhari, Police Station Kumhari, District Durg Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh Through : Police Station Kumhari, District Durg Chhattisgarh --- Respondent For the applicant : Mr. Anurag Singh, Advocate For the Respondent : Mr. Neeraj Jain, Panel Lawyer Hon'ble Shri Justice GOUTAM BHADURI Order on Board .12.2016

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.224 of 2016 registered at P.S. Kumhari, Distt. Durg (C.G) for the offence punishable under Section 20(B)(ii)(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985.

2. As per the prosecution case, on 30.09.2016 the police had a secret information that the applicant was carrying contraband Ganja and on a raid being made, 20 Kgs., of Ganja was recovered from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case as no seizure was made in person from him. He further submits that the charge sheet has been filed and no further investigation is necessary, therefore, the applicant may be enlarged on bail.

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

5. Perused the case diary documents. A perusal of the documents would prima facie show that from the possession of the applicant 20 Kgs., of Ganja was recovered.

6. Taking into quantity of Ganja which is 20 Kgs., recovered from the applicant, I am not inclined to allow this bail application. Accordingly, it is rejected.

Sd/- GOUTAM BHADURI JUDGE R a o