High CourtsSingle Bench

Javed Khan vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 17 December 2018 · Citation: (2018) 12 CHH CK 0095

HON’BLE JUDGES
Vimla Singh Kapoor, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 20(b)(ii)(B)
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 8488 Of 2018
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

12 paragraphs · 197 words

Vimla Singh Kapoor, J

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant who has been arrested in

connection with Crime No. 39/2015 registered at Police Station Darbha, District Bastar (C.G.) for the offence punishable under Sections 20-B (ii) (C)

of Narcotics Drugs and Psychotropic Substance Act, 1985.

2.

As per prosecution case, on 09.07.2015, 100 KG Ganja was seized from the applicant.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the applicant is in jail since

09.07.2015, therefore, he may be enlarged on bail.

4.

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

5.

Perused the case diary and the document, collected by the prosecution. On doing that, it prima-facie, appears that 100 KG cannabis were seized

from the possession applicant and the other co-accused in this case is absconding, dis-entitling the benefit of bail to the accused/applicant. It being not

a fit case, the application for grant of bail is rejected.

6.

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