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Judgment
17 paragraphs · 303 wordsGautam Chourdiya, J
The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during
trial in connection with Crime No. 201/2018 registered at Police Station - Dvendranagar, Distt. Raipur (C.G.) for the offence punishable under Section
20 (B) of the Narcotic Drugs & Psychotropic Substances Act, 1985.
Case of the prosecution, in brief, is that 4.700 kg. of ganja was seized from the possession of the applicant and, thereby the applicant has committed
the aforesaid offence.
Learned counsel for the applicant submits that the applicant has not committed any offence and he has falsely been implicated in the crime in
question; and even otherwise it is near to the small quantity prescribed under the law and, therefore, the applicant may be released on bail.
On the other hand, learned counsel for the State opposes the bail application.
I have heard learned counsel appearing for the parties and perused the case diary.
Taking into consideration the facts & circumstances of the case; further considering the facts that applicant is in jail since 17.10.2018; and the fact
that as per provisions contained in the NDPS Act, quantity of ganja seized from the possession of the applicant is small quantity, this court is of the
view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.
Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.50,000/- with two sureties in the like sum to
the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of
the trial.
Certified copy, as per rules.