Deepak Kumar Tiwari, J
1. This is the Third Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No.168/2023 registered at Police Station- Basna District Mahasamund for the offence punishable under Section 20(b) of the NDPS Act, 1985.
2. It is pertinent to mention that First Bail Application of the present applicants was dismissed as withdrawn with liberty to file afresh after examination of the seizure witnesses vide order dated 20.06.2023 passed in MCRC No.4258 of 2023. The Second Bail Application of the present applicants was dismissed as withdrawn with a direction to the trial Court to conclude the trial expeditiously vide order dated 16.01.2024 passed in MCRC No.359 of 2024.
3. Case of prosecution in brief is that on 27.03.2023 at about 20:00, near Jagdishpur over bridge in Basna, while checking the vehicles, the present applicants were found in possession of 50kg Ganja which was being transported in a Scorpio vehicle bearing No. CG 05 H 1111. Based on above incident, aforesaid offence has been registered against the present applicants.
4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that seizure witnesses have turned hostile and not supported the case of prosecution. Applicants are behind the bars since 27.03.2023, conclusion of trial is likely to take considerable time, therefore, considering these aspects, applicants may be enlarged on bail.
5. Per contra, learned State Counsel opposes the bail application and submits that huge quantity of contraband Ganja has been recovered from the joint possession of the present applicants, so rigor of Section 37 of the NDPS Act attracts, therefore, this is not a fit case to enlarge the applicants on bail.
6. Having considered the submission, particularly considering that huge quantity of Contraband Ganja has been recovered from joint possession of present applicants while transporting the same in a Scorpio vehicle, trial is in progress, appreciation of evidence is not required at this juncture, rigor of Section 37 of the NDPS Act attracts, therefore, I am not inclined to enlarge the applicants on bail.
7. Accordingly, the present bail application deserves to be and is hereby rejected.
