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Tinku @ Pintu vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 2 July 2018 · Citation: (2018) 07 CHH CK 0141

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
Allowed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 4366 Of 2018
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Judgment

15 paragraphs · 242 words

Goutam Bhaduri, J

1.

This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been

arrested on 24.03.2018 in connection with Crime No.104/2018 registered at Police Station Pulgaon, District Durg (CG) for the offence punishable

under Section 20 (B) of the NDPS Act.

2.

As per the prosecution case, on 24.03.2018 on a raid being conducted from the motorcycle bearing registration No.CG-07-AC-2128, 2 K.G. 800

gms of cannabis was recovered.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the cannabis was not seized in person from

the applicant. He further submits that the charge-sheet in this case has been filed and no further investigation is necessary, therefore, the applicant

may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Considering the entire facts & circumstances of the case and further taking into the quantity of the cannabis so seized, I am inclined to release the

applicant on bail.

6.

Accordingly, the 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 trial Court. He is directed to appear before the trial Court on each and every date given by the

said Court.