Nazim Malik vs State Of Chhattisgarh

1) This is first bail application under Section 439 of the Cr.P.C., preferred by the applicant before this Court and no other bail application is pending

before any other Court.

2) Perused the case diary/record provided by the learned counsel for the State in connection with Crime No.03 of 2017 registered in Police Station

Vishrampuri, district Kondagaon (CG) for offence punishable under Section 20B of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3) Prosecution story, in brief, is that the on 03.01.2017, Inspector Santosh Kumar Bhuarya received information from the informant, on the strength of

which he reached near a bridge of village Beerapur main road, district Kondagaon and stopped/blockaded a silver colour Honda City car bearing

No.DL-2-FFH 6666. The applicant and other co-accused mcrc 2419 of 2018 Abdul Kadir were present in the vehicle. The said Officer found 42

packets of Ganja weighing 90.167 kg in the dickey of the car.

4) Learned counsel for the applicant submits that the applicant has been falsely implicated in the case and has not committed any offence. He further

submits that the applicant is innocent and has no criminal antecedent, therefore, he may be released on bail.

5) On the other hand, learned State counsel opposes the bail application.

6) I have heard learned counsel for the parties and perused the record/case diary.

7) The quantity of 90.167 kg Ganja found from the possession of the applicant falls under the commercial quantity. Looking to the facts and

circumstances of the case, looking to the seriousness of the offence, and also looking the impact of granting bail to the applicant on society, this Court

is not inclined to give benefit of Section 439 of the Cr.P.C, to the applicant.

8) Consequently, the present bail application is rejected.