Dismissed

Awdhesh Singh v. State of Chhattisgarh

Chhattisgarh HC6 Nov 2023MCRC/3197/2023

Case brief

AI extract

What is this about?

This court dismissed a second bail application under Section 439 Cr.P.C. filed by an applicant in custody since 2020 for smuggling 495 kg of ganja. Despite health issues and prolonged incarceration, the court refused bail citing the concealed transport method indicating criminal intent.

What did the court decide?

Application for regular bail dismissed; trial directed to conclude within six months.

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

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3197 of 2023

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Awadhesh Singh, aged about 62 years, S/o. Late Anant Singh, R/o. Village Itahana PS Krishnagarh, Distt. Ara Bihar

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---- Applicant

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Versus

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State Of Chhattisgarh Through Police Station Bastar, Bastar at Jagdalpur (CG).

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---- Non-applicant

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---------------------------------------------------------------------------------------------- For Applicant : Shri Raza Ali, Advocate For Non-applicant/State : Shri Dinesh Tiwari, Govt. Advocate ----------------------------------------------------------------------------------------------

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Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board

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06.11.2023

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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 13.02.2020 in connection with Crime No.24/2020 registered at Police Station Bastar, Bastar at Jagdalpur (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 First bail application of the applicant was dismissed as withdrawn vide order dated 12.4.2023 passed in MCRC No.2613/2023.

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2. Case of the prosecution, in brief, is that on 13.02.2020 at about 10.10 p.m., police of Police Station Bastar intercepted truck bearing registration No.WB/23C/2684 and on conducting search, 495 kg of contraband substance ganja was seized from the aforesaid truck, which was kept in special chamber made in the truck. Present applicant was travelling in the truck as helper and the aforesaid truck was driven by co-accused Rajeshwar Singh. The aforesaid 495 kg ganja was seized from the joint possession of the applicant and co-accused Rajeshwar Singh. Based on the above facts, present crime was registered and the applicant was arrested on 13.02.2020.

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3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the instant case. He would further submit that the applicant is in jail

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for more than three years and eight months, charge sheet has been filed on 10.8.2020, despite that, out of 23 witnesses, only 08 witnesses have been examined, thus, conclusion of the trial will take considerable time. He would further submit that the applicant is suffering from AIDS and he is also suffering from 50% blindness, therefore, he may be granted bail. To substantiate his argument, learned counsel for the applicant has placed reliance in the matter of Rabi Prakash vs. The State of Odisha, 2023 LiveLaw (SC) 533, wherein the Hon’ble Supreme Court has held that in case of prolonged incarceration, conditional liberty will override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act, hence, the aforesaid section would not bar to grant bail to the applicant.

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4. On the other hand, learned counsel for the State opposes the submissions made by learned counsel for the applicant. He would submit that in the case relied by the applicant, the alleged contraband seized was 245 kg, whereas in the instant case, 495 kg contraband substance was being transported by the applicant and co-accused, that too in a special chamber made in the truck to transport the alleged contraband substance ganja He would further submit that though the applicant is said to be suffering from AIDS, he is being provided proper treatment in the jail. Therefore, the bail application may be dismissed.

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5. I have heard learned counsel for the parties, perused the case diary and material available on record. 6. In the instant case, the applicant is in jail since 13.02.2020, thus, he is in jail for more than 03 years and 08 months, but looking to the manner in which huge quantity of alleged contraband substance was being transported in a truck by constructing special chamber, show the criminal intend of the applicant, hence, considering the aforesaid peculiar facts, I do not feel inclined to grant bail to the applicant at this stage.

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7. Accordingly, application under Section 439 CrPC is hereby dismissed. However, the trial Court is directed to expedite the

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trial and conclude the same as early as possible, preferably within six months from the date of receipt of certified copy of this order.

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Certified copy as per rules.

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Sd/-

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(Naresh Kumar Chandravanshi)

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