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Judgment
14 paragraphs · 250 wordsRajani Dubey, J
The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection
with Crime No.38/2021 registered at police station Thana Marwahi, District Gourela-Pendra-Marwahi Chhattisgarh (CG) for the offence punishable
under Section 20(B) of the Narcotics Drugs and Psychotropic Substances Act.
As per prosecution case, on the basis of secret information, the police seized 5 kgs. of cannabis worth Rs. 50,000/- from the possession of the
applicant.
Counsel for the applicant submits that the applicant has been falsely implicated in the case and the mandatory provisions of NDPS Act have not been
complied with. He further submits that the seized contraband was less than commercial quantity. He submits that the applicant is in jail since
12.03.2021 and looking to the conduct of the prosecution, it is clear that the trial will take time for its conclusion.
On the other hand counsel for the State opposes the bail application.
Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him
on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.
It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 50,000/- with one local surety for the like sum to the
satisfaction of the concerned Court, he shall be released on bail.