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Firoz Sahu Vs State Of Chhattisgarh And Ors

Case No: Miscellaneous Criminal Case (MCRC) No. 3387 Of 2018

Date of Decision: June 25, 2018

Acts Referred: Code Of Criminal Procedure, 1973 — Section 439#Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 20(b)

Hon'ble Judges: Sanjay K. Agrawal, J

Bench: Single Bench

Advocate: Ishan Verma, Arun Sao

Final Decision: Dismissed

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Judgement

Sanjay K. Agrawal, J

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has

been arrested in connection with Crime No. 27/2018, registered at Police Station Sakri, District Bilaspur (C.G.) for the offence punishable under

Section 20-B of the NDPS Act, 1985.

2. Case of the prosecution, in brief, is that, on 25.01.2018, about 16.300 kgs of Cannabis (ganja) was seized by the police from the scooty of the

present applicant.

3. Learned counsel for the applicant submit that the applicant has been falsely implicated in the crime in question and he has not committed any

offence. He further submits that the complainant and the investigating officer is one and the same and, therefore, no offence is made out against the

applicant and he is in custody since 26.01.2018, charge-sheet has been filed and the statements of the witnesses are being examined and the trial is

likely to take some time for its final disposal, therefore he may be released on bail.

4. On the other hand, learned counsel for the State opposes the bail application.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. After hearing learned counsel for the parties and in view of the fact that huge quantity of Cannabis (ganja) was found in possession of the present

applicant, I do not consider it fit case for grant of bail.

7. Accordingly, bail application filed under Section 439 of the Cr.P.C. is rejected.

Certified copy as per rules.