In this bail application, the Chhattisgarh High Court, dealing with an applicant detained for NDPS contraband possession, granted regular bail. The court acknowledged witness issues but decided to enlarge the applicant on bond without addressing the case merits.
Regular bail granted on personal bond of Rs. 50,000 with one surety of like sum.
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.6318 of 2022
---- Applicant (In Jail)
Versus
---- Non-applicant
For Applicant : Mr. Praveen K Tulsiyaan, Advocate For Non-applicant : Mr. B.L. Sahu, Panel Lawyer.
Hon'ble Mr. Justice Parth Prateem Sahu
Order On Board
12/9/2022
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kilogram of contraband ganja kept in two white plastic bags. After completing the procedure prescribed under the Narcotic Drugs and Psychotropic Substances Act, 1985, police seized contraband and arrested applicant and co-accused Kishan Kumar.
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nature of allegations, submissions of learned counsel for both sides, without commenting anything on merits of case, I am inclined to enlarge applicant on regular bail.
Certified copy as per rules.
Sd/(Parth Prateem Sahu) Judge
roshan/-
3 issues framed by the court
Whether applicant is entitled to regular bail given witness testimonies and alleged procedural irregularities.
Whether the unsworn seizure witnesses' testimony and procedural lapses warrant bail release.
If conditions like personal bond and tampering restrictions are sufficient for grant of bail.
1 provisions across 1 enactments
Aakash Chouhan
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
