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Judgment
20 paragraphs · 353 wordsParth Prateem Sahu, J
The applicant has filed this bail application under Section 439 of the Code of Criminal Procedure, 1973 (in short 'the Code') for grant of bail as he is
in custody in connection with Crime No. 271 of 2018, registered at Police Station Abhanpur, district Raipur for the offence punishable under Section
20 (b) of NDPS Act.
Case of the prosecution in brief is that on 16.09.2018 on a secret information, Police stopped the motorcycle bearing No.CG-04-DV-6807 which
was being driven by the present applicant and on search being made, Police seized 2 KG 100 gms contraband Ganja from the possession of present
applicant on which he was arrested.
Heard learned counsel for the parties.
Learned counsel for the applicant submits that the applicant was not in exclusive possession of the alleged Ganja and he has been falsely implicated
in this case. She further submits that applicant is aged about 56 years and is in jail since 16.09.2018, more than four months. There is no other criminal
track record against him.
On the other hand, learned counsel for the State opposes the prayer for grant of bail and submits that the alleged Ganja has been seized from the
motorcycle which was being driven by the present applicant.
Considered the submissions made by learned counsel for the parties and perused the records. Considering the quantity of Ganja seized from the
possession of the applicant, his age and also looking to the detention period, and considering that there is no previous criminal track record of the
present applicant, I am of the view that it is a fit case to enlarge the accused/applicant on bail. Accordingly, the bail application is allowed and it is
directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- (Rupees ten thousand only) with one
surety in the like sum to the satisfaction of the trial Court concerned for his regular appearance before the said Court on each and every date given by
the Court.
Certified copy as per rules.