Rahul Bhaat @ Sadanand vs State Of Chhattisgarh

The applicants have preferred this Third bail application under Section 439 of the Cr.P.C. for grant of regular bail as they are in custody in connection with crime No. 28 of 2022 registered in Police Station Bagbahar, District Jashpur, CG for ofence punishable under Section 20 (B) of NDPS Act. The frst bail application was dismissed as withdrawn with liberty to fle the repeat bail application under the change circumstances vide order dated 11.07.2022 in MCRC No. 2499 of 2022 and the Second bail application was dismissed vide order dated 02.09.2022 in MCRC No. 7612 of 2022 as there was no change in circumstances.

Case of the prosecution in nutshell is that on 11.02.2022 the police of police station Bagbahra received a secret information that two persons in a motorcycle carrying a huge quantity of illegal ganja are coming from Kukurbhukka. On the above information police reached to the spot and when motorcycle arrived it was stopped and searched, 20 kg is the net weight of Ganja was found. On account of that present applicants have been arrested under Section 20 (B) of NDPS Act.

Learned counsel for the applicant submits that the applicants have not committed any ofence and have been falsely implicated in the case. He further submits that 20 kg of Ganja was found which is not more than commercial quantity. He further goes to show that the case of prosecution basically rested upon the statements of sizure witnesses and they are the three star witnesses and also the independent witnesses of entire investigation carried out by the prosecution Notice (Ex.P-1), Information (Ex.P-2), consent letter (Ex.P-3), Consent Panchnama (Ex.P-4), Jama Search (Ex.P-5), Search Panchnama (Ex.P-6), Physical weight scale Search Panchnama (Ex.P-7), weighing Panchnama (Ex.P-8), Samrash panchnama (Ex.P-9), NarcoticsDrugs Identification Panchnama (Ex.P-10), Sample Panchnama (EX.P-11), Sample Seal (Ex.P-12), Notice to accused regarding perusal of licence (Ex.P- 13), Seizure from accused Sadanand (Ex.P-14), Seizure from Chaitan (Ex.P-15), Notice u/s 52 (Ex.P-16), Arrest memo of Sadanand (Ex.P-17), Arrest memo of Chaitan (Ex.P-18), Spot Map (Ex.P-19), Jama Search of accused persons (Ex.P-20), Search of police personal and witnesses (Ex.P-21), Search panchnama of u/s 100 CrPC (Ex.P-22), Police Statement (Ex.P-23) they have not supported the case of prosecution. He submits that in view of the facts and circumstances of the case there are reasonable grounds to believe that the applicants are not guilty and since there is no previous criminal antecedents, this can be safely assumed that the applicants would not commit crime in future while on bail. He submits that the condition of Section 37 of NDPS Act has been satisfed and therefore there is no bar to this Court in granting bail to the applicants.

On the other hand, learned counsel for the State opposes the bail application and submits that though the seizure witnesses prima-facie appears to be not supported the case of prosecution, the conviction can be sustained on the basis of statements of other Police Ofcials including Investigating Ofcer. However, he fairly submits that the seized 20 kg of Ganja was found which is not more than commercial quantity, however, independent witnesses have not supported the case of the prosecution but other witnesses yet to be examined and therefore they are not entitled for bail.

I have heard learned counsel for the parties and considered the rival submissions.

Considering the facts and circumstances of the case, looking to the fact that the case of prosecution basically rested upon the statements of three star witnesses who are the witnesses of entire investigation carried out by the prosecution and they have not supported the case of prosecution, applicants are in jail since 11.02.2022, there is no previous criminal antecedents, trial is likely to take sometime, Section 37 of the NDPS Act would not come as a bar as prima-facie the provisions of Section 37 appears to have been complied with, I am inclined to allow this bail application.

Accordingly, the application is allowed and the applicants are directed to be released on bail each of them on their furnishing a bond in the sum of Rs. 50,000/- with one local surety for the like sum to the satisfaction of the concerned Court for their appearance before that Court as and when directed. The applicants shall comply the following conditions:-

(i) that the applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police ofcer;

(ii) that the applicants shall not act in any manner which will be prejudicial to fair and expeditious trial;

(iii) that the applicants shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial;

(iv) that applicants will not involve himself in any ofence of similar nature.

It is made clear that the observations made here-in-above are only for the purpose of deciding the bail application and the trial court will decide the case on its own merit without being infuenced by any observation made here-in-above. If any one of the above conditions is violated by applicants, the State will be at liberty to fle application for cancellation of the bail granted to him.