Allowed

Rammurar Singh Padwal v. State of Chhattisgarh

Chhattisgarh HC20 Jun 2023MCRC/2746/2023

Case brief

AI extract

What is this about?

High Court of Chhattisgarh allowed second bail application of an applicant accused of holding ganja in a vehicle under NDPS Act, granting release on personal bond with one surety after noting he was not named as vehicle owner.

What did the court decide?

Application allowed; applicant granted bail on personal bond of Rs.50,000 with one local surety, subject to furnishing Aadhar Card and photo.

Rammurar Singh Padwal Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 2746 of 2023

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Rammurar Singh Padwal S/o Shri Murar Singh Aged About 34 Years Caste Mathura Banjara, Resident Of Aathbadi Bazar Pandurang Sweet Ward No. 06 Tahsil Motala P.S. Berakhedi District Buldanan, Maharashtra.

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---- Applicant

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Versus

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State Of Chhattisgarh Through - Station House Officer, Police Station Bastar District - Bastar Chhattisgarh.

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---- Respondent

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---------------------------------------------------------------------------------------------- For Applicant : Shri Vinod Kumar Tekam, Advocate For Respondent/State : Shri Kunal Das, Panel Lawyer ---------------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board

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20.6.2023

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1. This is second bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 07.4.2022 in connection with Crime No.82/2018 registered at Police Station Bastar Distt. Bastar (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act. First bail application of the applicant was withdrawn on 10.4.2023 with liberty to file better application raising all the suitable grounds.

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2. Facts of the case, in brief, are that on 28.02.2018, during the course of checking at NH 30 Main Road by the police of Police Station Bastar, police asked to stop one Hyundai Accent Car bearing registration No.MH 28 B 7000 which was going towards Raipur. After stopping the car, the driver and one person who was sitting in the copassenger seat fled away from the spot. During search by the police inside the car, they found 109.300 Kg contraband substance ganja inside the car in plastic bags. Based on the above facts, present crime has been registered and during the course of investigation, Heera Singh and present applicant were caught by the police. As per the prosecution story, present applicant is said to be the owner of the aforesaid vehicle, hence, he was arrested on 07.4.2022. After investigation, charge sheet has been filed by the police against the both the accused persons, which is pending for consideration.

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3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been seized from the applicant and he is not the owner of the said vehicle. Alleged photocopy of the RC Book seized from the vehicle does not show that the applicant is the owner of the vehicle rather one Gojonon Padghon has been named as owner of the vehicle. He would further submit that 04 witnesses have been examined including seizure witnesses, but they have not supported the case of the prosecution. It is next submitted that the applicant is in jail since long, hence, he may be granted bail.

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4. On the other hand, learned counsel for the State vehemently opposed the submissions made by learned counsel for the applicant. He would submit that large quantity of contraband substance ganja has been seized from the vehicle of the applicant, hence, his bail application is liable to be dismissed.

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5. I have heard learned counsel for the parties, perused the case diary and material available on record.

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6. Considering the facts and circumstances of the case, particularly considering the facts that nothing has been seized from the applicant and further alleged RC Book also does not show his ownership on subject vehicle and also considering the totality of the facts, I feel inclined to grant bail to the applicant. Therefore, the application under Section 439 of the CrPC is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one local surety of the like sum to the satisfaction of the concerned trial Court for his appearance before the concerned Court as and when directed by the said court, he be released on bail. It is also directed that the applicant and his surety shall submit a copy of their Aadhar Card along with a coloured postcard full size photo having printed the Aadhar number on it, which shall be verified by the concerned trial Court.

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Certified copy as per rules.

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Sd/-

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(N.K. Chandravanshi) JUDGE

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Bini

Rammurar Singh Padwal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rammurar Singh Padwal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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