In a second bail application under Section 439 Cr.P.C. for NDPS offences, the High Court of Chhattisgarh dismissed the plea. Despite seizure witnesses failing to support the prosecution, the Court held that this alone does not prove innocence and dismissed the application.
Regular bail application filed under Section 439 Cr.P.C. was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1902 of 2016
Manoj Lilhare S/o. Late Bharat Lal Lilhare, R/o Village Mali, Police Station Rampayali, District Balaghat (M.P.)
---- Applicant
Versus
State of Chhattisgarh Through the District Magistrate Raipur (C.G.)
---- Respondent For Applicant :- Mr. N. Naha Roy, Advocate For Respondent/ State :- Mr. Gairy Mukhopadhyay, Dy. Govt. Advocate
Hon'ble Shri Justice Goutam Bhaduri
Order On Board By
07/04/2016
applicant was intercepted and was arrested along with the other coaccused, thereby, the offence is committed.
is dismissed.
Sd/-
(Goutam Bhaduri) Judge
Santosh
2 issues framed by the court
Whether bail should be granted to the applicant in a NDPS offence where seizure witnesses did not support the prosecution case.
Whether the inconsistency in weightmenat timing shown by seizure witness evidence establishes innocence warranting bail.
2 provisions across 2 enactments
Manoj Lilhare
State of Chhattisgarh
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
