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Sarvesh Manhar @ Koda @ Bablu vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 21 June 2019 · Citation: (2019) 06 CHH CK 0066

HON’BLE JUDGES
Sanjay K. Agrawal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 20(B)(iiB), 21(c), 22(c), 37(1)(b)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 921 Of 2019
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Judgment

8 paragraphs · 256 words

Sanjay K. Agrawal, J

1.

This is the second bail application filed under Section 439 of the Codeof Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 143/2018 registered at Police Station - Civil Line, Bilaspur for the offence punishable under Section 20 (B) (ii-B) & 21 (c) / 22 (c) of the N.D.P.S. Act.

2.

The first bail application of the applicant was dismissed as withdrawn with liberty to file the same after examination of material witnesses vide order dated 23/07/2018 passed in M.Cr.C. No. 4136/2018.

3.

The applicant was found in possession of 10 kg contraband ganja, 711 piece rexojesic injection, 146 piece of nitrogen tablet, avil injection and 407 bottles of cough syrups and thereby committed the aforesaid offence.

4.

Learned counsel for the applicant submits that material witnesses have been examined and they have turned hostile. As such, the applicant is entitled for grant of bail.

5.

I have heard learned counsel for the applicant at length and perused the record with utmost circumspection.

6.

Taking into consideration the nature and gravity of the offence and looking to the circumstances of the case and in light of provisions contained under Section 37 (1) (b) of the NDPS Act, I do not consider it a fit case to allow this second bail application and release the applicant on bail.

7.

Accordinlgy, the second bail application filed by the applicant under Section 439 of the Cr.P.C. stands rejected. Certified copy, as per rules.