Ashish Dev Ratre vs State Of Chhattisgarh

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.487 of 2021 registered at Police Station Balouda, District Janjgir-Champa (Chhattisgarh) for offence punishable under Sections 21(b) and 22 of the Narcotic Drugs and Psychotropic Substances Act.

According to the case of prosecution, on 19.11.2021, a secret information was received by the Balouda Police that near Goyal Super Bazar, Balouda, the Applicant is carrying Codisar Cough Syrup, Plano Cough Syrup and Nitrazepam Tablets. On the basis of the information, police officials reached the spot, searched and seized 35 bottles each containing 100 ml. of Codisar Cough Syrup, 50 bottles each containing 100 ml. of Plano Cough Syrup and 900 Tablets of Nitrazepam from the possession of the Applicant. The Applicant was asked to show documents in this regard, but he failed to show any relevant legal documents. He was arrested.

Learned Senior Advocate appearing for the Applicant submits that the Applicant has been falsely implicated in the case. He is innocent. The whole story of the prosecution is false and fabricated. The Applicant is a registered pharmacist. He runs a medical store namely Ashish Medical Store at Balouda just by the side of Goyal Super Bazar from where the seizure was made. The Applicant was also granted a licence to run the medical store by the licensing authority. It is further submitted that the consignment of the Codisar Cough Syrup and Plano Cough Syrup was received in cartons on the same day, i.e., 19.11.2021 and the bills were also kept inside the cartons. The tablets and the cough syrups were purchased from the wholesale dealers, namely, S.V.S. Distributors, Bilaspur and K.S. Agencies, Bilaspur and were supplied on credit basis. 900 tablets of Nitrazepam were not seized from the Applicant, but were planted by the police officials as a result of business rivalry with one Pranav Datt Pandey who runs a medical store just in front of the medical store of the Applicant. The mandatory provisions of Section 50 of the NDPS Act have also not been complied with. Referring to the various Rojnamcha Sanhas, it is submitted that the information was received by the police at 7:15 p.m., but the search was made at 8:15 p.m. It is highly suspicious that the Applicant, whose medical store was on the spot, was standing along with the aforesaid medicines in front of his medical store for about 1 hour. Thus, it appears that the entire story narrated by the prosecution is concocted. The Applicant is in jail since 19.11.2021. Charge-sheet has been filed. Trial is likely to take time. Therefore, it is prayed that the Applicant may be granted regular bail.

Learned Counsel appearing for the Respondent opposes the bail application.

I have heard the arguments raised on behalf of the parties and perused the case diary and other material available with due care.

Considering the entire material available before this Court, the submissions put-forth on behalf of the parties, the documents annexed with the bail application and the relevant Rojnamcha Sanhas referred to by Learned Senior Advocate appearing for the Applicant, without further commenting on other merits of the case, I am of the view that it is a case where the Applicant should be granted benefit of regular bail.

Accordingly, the bail application is allowed.

It is directed that the Applicant shall be released on bail on furnishing a personal bond for a sum of Rupees Fifty Thousand with one solvent surety for the like sum to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed.