Dismissed

Chudamani Sahu v. State of Chhattisgarh

Chhattisgarh HC10 Aug 2020MCRC/1641/2020

Case brief

AI extract

What is this about?

This court rejected a bail application under CrPC 439 filed by Chudamani Sahu accused of possessing 20.5kgs cannabis under NDPS 20(B). The judge held that the quantity constituted commercial quantity attracting severe punishment, failing to show innocence, and refused to apply the MOHAN LAIL decision pending Constitution Bench ruling.

What did the court decide?

Bail application filed under Section 439 CrPC rejected.

Chudamani Sahu Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2020)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 1641 of 2020

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Chudamani Sahu, Aged about 36 years, S/o Ramsai
Sahu, R/o Village Raipura, Police Station
Baradwar, Up-Tahsil-Baradwar, District Janjgir-
Champa, Chhattisgarh.

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--- Applicant

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 Versus

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State of Chhattisgarh, Through Station House
Officer, Police Station Baradwar, District Janjgir-
Champa, Chhattisgarh.

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 --- Non-applicant/State

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For Applicant :-Mr. Yogeshwar Sharma, Advocate
For State :-Mr. Animesh Tiwari, Dy. A.G.

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Hon'ble Shri Justice Sanjay K. Agrawal Order on Board

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10/08/2020

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1.Proceedings of this matter have been taken up for
hearing through video conferencing.

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2.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. 29/2020,
registered at Police Station Baradwar, District

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Janjgir-Champa (CG) for the offence punishable
under Section 20(B) of Narcotic Drugs and
Psychotropic Substances Act, 1985.

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3. Case of the prosecution, in brief, is that 20.5 kgs of cannabis was seized from the possession of the present applicant and he thereby, committed the aforesaid offence.

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4. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in the crime in question. He would further submit that the applicant is in jail since 24/01/2020 and deserves to be released on bail in light of the decision rendered by the Supreme Court in Mohan Lal v. State of Punjab 1 wherein it has been held that a person lodging FIR cannot be an investigating officer.

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5. On the other hand, learned counsel for the State would oppose the bail application.

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

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7. Admittedly, 20.5 kgs of cannabis was recovered from the possession of the present applicant which is more than commercial quantity and therefore, the provisions contained in Section 37(b)(ii) of the NDPS Act is attracted in the present case and considering the material available on record and considering the recovery made, it cannot be held

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1 2018 (3) CCSC 1568 (SC)

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that the accused/applicant has not committed any
offence and he is not likely to commit any offence
further if he is released on bail. So far as the
decision of the Supreme Court in Mohan Lal(supra)
is concerned, it has already been referred to the
Constitution Bench and it has been reserved for
judgment. I do not consider it a fit case to

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release the present applicant on bail.

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

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9. Certified copy, as per rules.

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Sd/(Sanjay K. Agrawal) Judge

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Harneet

Chudamani Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Chudamani Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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