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Judgment
17 paragraphs · 290 wordsP. Sam Koshy, J
The applicants has preferred this bail application under Section 439 of Cr.P.C. in connection with Crime No.96/2017 registered at Police Station
Keshkal, Kondagaon (C.G.) for the offence punishable under Section 20-B of the NDPS Act.
Present is a repeat bail application.
The earlier bail application stood rejected by this Court on 21/03/2018 on merits.
The repeated bail application has been moved by the applicants on the ground that, a couple of material witnesses has been examined before the
trial court, but they have not supported the case of the prosecution and have turned hostile.
According to the counsel for the applicants, there is all chance of the applicants being acquitted in the criminal case and that they are in jail since
09/08/2017 and as such they have remained in custody for about 1 year and thus prayed for releasing the applicants on bail.
The State counsel however opposing the bail application submits that, it is a case where a huge quantity of contraband - Gaanja was seized from the
possession of the present applicants. He further submits that, this Court had already considered merits of the case while rejecting the earlier bail
application and thus prayed for rejecting the same.
Having heard the contentions put forth on either side and on perusal of record, particularly, taking note of the observations made by this Court while
dismissing the earlier bail application and also considering the quantity of contraband seized, this Court is of the opinion that the present applicants did
not deserve bail at this juncture.
Accordingly, the instant MCRC stands rejected.
However, the trial court is directed to ensure that the trial is concluded at the earliest.