SADDIK SHAH AND ANR. vs STATE OF CHHATTISGARH

This is first bail application seeking grant of bail to the Applicants who are in jail since 09.08.2017 in connection with Crime No.96 of 2017

registered at Police Station, Keshkal, Kondagaon, for the offence punishable under Section 20-B of the NDPS Act.

The allegation as per prosecution is that, the present applicants on the date of incident were found in possession of 86.640 KG of Ganja.

The contention of the applicants is that the proceedings drawn by the prosecution itself shows that it was in contravention to the provisions of the

NDPS Act. There are certain mandatory provisions which have to be complied with and which has not been done, and therefore, the applicants

deserve to be released on bail. He referred to Roznamcha Sanha and drew the attention of the court that initially it was made at 8:40 and which

reflects details of the investigation, even the proceedings which were drawn at around 11 O'clock till the -2- period of lodging of Roznamcha Sanha

and also seizure proceedings drawn at 21:10 PM. These are material contradictions found in the case diary and therefore the applicants deserve bail.

On the other hand the State counsel opposing the appeal submits that it is a case where the proceedings infact had started from 19:05 PM as is

reflected from the Roznamcha Sanha which is the time when they received secret information and subsequently the narration of facts would reveal

that there are entries in respect of all the proceedings drawn and the subsequently entry made is that of entry made at 8:40 which is in respect of

transactions which transpired 8:40 onwards till the Dehati Nalisi was lodged. It is the proceedings which perhaps appears to have been drawn after

conclusion of the raid and the seizure proceedings and recording of Dehati Nalisi was complete. The said finding cannot be held to be in contravention

of any provisions of the NDPS Act for the reason that Roznamcha Sanha is only a register which is maintained by the Police Department in respect

of all the offence that have transpired in the police station on a particular date.

Considering the aforesaid factual matrix of the case and also considering the quantity of contraband seized from the possession of the applicants,

this court is of the opinion that present is not a fit case to grant bail to the applicants.

Accordingly, the bail application stands rejected.