Allowed

Tulsi Jagat v. State of Chhattisgarh

Chhattisgarh HC3 Aug 2022MCRC/5141/2022

Case brief

AI extract

What is this about?

The Chhattisgarh High Court granted regular bail to an applicant arrested under Section 20(B) of the NDPS Act for transporting 2 kg of ganja. The court noted the quantity was below the commercial threshold, distrust of prosecution did not apply on merits, and the applicant was in jail since arrest in April 2022.

What did the court decide?

Regular bail granted upon furnishing a bail bond of Rs. 1,00,000 with two local sureties.

Tulsi Jagat Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5141 of 2022

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Tulsi Jagat S/o Shri Bihari Jagat Aged About 24 Years Caste Gada, R/o Village Daabha, Police Station Jharband, District : Bargarh, (Odisha).

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---- Applicant

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Versus

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State of Chhattisgarh Through Station House Officer, Police Station -Sankara, District : Mahasamund, Chhattisgarh.

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--- Respondent

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For Applicant : Mr. Sunil Verma, Advocate. For Respondent : Mr. Praveen Shrivastava, PL.

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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03/08/2022

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This is First bail application filed under Section 439 of Code of Criminal Procedure, 1973 for grant of regular bail to applicant, who has been arrested in connection with Crime No.61/2022, registered at PS -Sankara, District -Mahasamund, (C.G.), for commission of offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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As per prosecution story on 18.04.2022, the Police intercepted motorcycle bearing registration Odisha-03-G-6032 near NH-53 Sankara over bridge on which applicant alongwith co-accused Santosh Manjhi were travelling. During search, seized 2 kg contraband (ganja) from their possession, which they were illegally transporting on motorcycle. Based upon seizure, aforementioned offence was registered against them under the NDPS Act and they were arrested.

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Learned counsel for the applicant submits that applicant has falsely been implicated in this case. Quantity of contraband (ganja) alleged to have been seized from possession of applicant, is greater than small quantity but lesser than commercial quantity, therefore, presumption under Section 37(1)(b)(ii) of NDPS Act will not apply in this case. Applicant is in jail since 18.04.2022, conclusion of trial may take some time, hence, applicant may be released on regular bail.

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Per contra, learned State Counsel opposes the bail application and submits that contraband (ganja) was seized from conscious possession of applicant, he is a resident of State of Odisha. Co-accused has not moved any application for grant of bail and he is in jail. There is ample evidence against present applicant in this case, hence, he is not entitled for grant of bail.

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Heard learned counsel for the parties.

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Considering the entire facts and circumstances of the case, nature of allegation, submissions of learned counsel for parties, quantity of contraband (ganja) is 2 kg, which is lesser than commercial quantity, detention period of applicant ie since 18.04.2022, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application.

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Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.1,00,000/- with two local sureties in like sum to the satisfaction of the concerned trial Court on the conditions that-

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a) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.

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b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and

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c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial.

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d) If applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail. Certified copy as per rules.

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Sd/-

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(Rakesh Mohan Pandey)

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Judge

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J/-

Tulsi Jagat v. State of Chhattisgarh

Case brief

What is this about?

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Tulsi Jagat v. State of Chhattisgarh

Case brief

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