High CourtsSingle Bench

Saban Bastiray vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 17 May 2021 · Citation: (2021) 05 CHH CK 0114

HON’BLE JUDGES
Goutam Bhaduri, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 20(B)
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 1043 Of 2021
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Judgment

16 paragraphs · 300 words

Goutam Bhaduri, J

1.

This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection

with Crime No. 07/2021 registered at Police Station G.R.P. Raipur, Distt. Raipur (C.G) for the offences punishable under Section 20-B of the

Narcotic Drugs and Psychotropic Substances Act.

2.

As per the prosecution case, On 22.1.2021 a raid was conducted by the Police and during the course of such raid, 8 Kgs. of contraband Ganja has

been seized from the possession of the applicant.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no seizure was made from him. He further

submits that the applicant is in jail since 22.01.2021 and no further investigation is necessary, therefore, he may be enlarged on bail.

4.

Per contra, learned State Counsel opposes the bail.

5.

Considering the fact that the seizure has already been made and looking to the quantity of Ganja alleged to have been recovered from the applicant,

I am inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of

Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when

directed. However, considering the fact that the applicant is resident of Odisha, he shall mark his appearance before the Police Station GRP Raipur on

a Saturday between 1 p.m. and 5 p.m., with an interval of every two months till the trial is disposed off.

7.

Consequently I.A.No.1/201 for urgent hearing and I.A.No.2/2021 for hearing the case during summer vacation stand disposed off.