The High Court of Chhattisgarh dismissed a second bail application filed by an accused under the NDPS Act. The court found no change of circumstances despite the filing of the charge sheet and rejected the plea for enlargement on bail.
Bail application is rejected with no circumstances change noted.
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.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 3972 of 2022
Shyam Sen S/o Ramkrupal Sen Aged About 52 Years R/o Durga Mandir Ambedkar Chauk Dhamtari Police Station And District- Dhamtari Chhattisgarh.
--- Petitioner
Versus
State of Chhattisgarh through Station House Officer City Kotwali Durg, District- Durg, Chhattisgarh.
--- Respondent
For the Petitioner : Ms. Sareena Khan, Advocate. For the Respondent : Mr. Ashutosh Mishra, Panel Lawyer.
Hon'ble Mr. Justice Goutam Bhaduri
Order on Board
20.06.2022
| 01. | Alprazolam T packets each tablets |
ablets IP – 250 strip contains 10 |
Total 10,000 tablets |
|---|---|---|---|
| 02. | Nitrazepam packets each tablets |
Tablets – 21 strip contains 20 |
Total 420 tablets |
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| 03. | Spasan Plus | Total 153 tablets |
|---|---|---|
| 04. | Spasan Tran | Total 324 Tablets |
Sd/(Goutam Bhaduri) Judge
Rao
3 issues framed by the court
Whether bail should be granted under Section 439 CrPC given the filing of the charge sheet without a change in circumstances.
Whether the quantum of seized narcotics justifies continued detention.
Whether prior dismissal of bail as withdrawn without reservation of liberty bars a fresh bail application.
2 provisions across 2 enactments
Shyam Sen S/o Ramkrupal Sen
State of Chhattisgarh
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
