Paras Singh v. State of Chhattisgarh
Case brief
What is this about?
In a bail application under Section 439 CrPC for possession of narcotics, the High Court rejected the plea of parity with co-accused. It held that strict compliance with mandatory Section 37(1)(b)(ii) NDPS Act conditions was not met for the charged commercial quantity.
What did the court decide?
Application for regular bail dismissed on the ground that mandatory conditions under Section 37(1)(b)(ii) of the NDPS Act were not satisfied.
What the court decided
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Misc. Criminal Case No.1977 of 2020
Order reserved on: 26-6-2020
Order delivered on: 1-7-2020
Paras Singh, S/o Jagdish Singh, aged about 22 years, Caste Gond, R/o Village Champajhar, Police Station Patna, District Koriya (C.G.)
(In Jail) ---- Applicant
Versus
State of Chhattisgarh, Through the S.H.O., Police Station Surajpur, District Surajpur (C.G.)
---- Non-applicant
For Applicant: Mr. Ashok Kumar Shukla, Advocate. For Non-applicant:Ms. Veena Nair, Deputy Advocate General.
Issues for consideration
3 issues framed by the court
Whether an accused in possession of a commercial quantity of narcotics is entitled to bail on the principle of parity without satisfying the mandatory conditions of Section 37(1)(b)(ii) of the NDPS Ac
Whether the quantity of Codeine Phosphate and Taramadol HCL seized constitutes a commercial quantity under the NDPS Act.
Whether parity with co-accords whose bail orders ignored statutory limitations can establish a valid ground for granting bail in a commercial quantity case.
Parties & counsel
- appellant
Paras Singh
- respondent
State of Chhattisgarh
Coram
Sanjay K. Agrawal
Case details
As recorded by the court registry
- Court
- Chhattisgarh HC
- Decided on
- · July
- Registered
- Case no.
- MCRC/1977/2020
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