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Ajay Kumar Harijan And Ors Vs State Of Chhattisgarh

Case No: Miscellaneous Criminal Case (MCRC) No. 3379 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: Vikas Shrivastava, Avinash Singh

Final Decision: Dismissed

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Judgement

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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 applicants who have

been arrested in connection with Crime No. 51/17, registered at Police Station Nagarnaar, Bastar (C.G.) for the offence punishable under Section 20-

B of the NDPS Act.

2. Case of the prosecution, in brief, is that, about 40 kgs of Cannabis (ganja) was seized by the police from the possession of the present applicants.

3. Learned counsel for the applicants submit that the applicants have been falsely implicated in the crime in question. He further submits that the

applicants are in custody since 03.04.2017 and 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 they 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 about 40 kgs of Cannabis (ganja) was found in possession of the present

applicants, 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.