First bail application under NDPS Act for applicant imprisoned since 27.01.2023. High Court dismissed bail citing huge quantity of contraband seized from applicant based on co-accused memo. Case held not fit for bail.
Application for grant of bail dismissed; applicant not enlarged on bail.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC NO. 3862 OF 2023
Rahul @ Roshanlal Mishra S/o Badriprasad Mishra, aged about 33 years, R/o Khushi Vihar Colony, Tifra, District Bilaspur, Chhattisgarh.
… Applicant
Versus
State of Chhattisgarh,Through - Station House Officer, Police Station – Civil Line, District Bilaspur, Chhattisgarh.
… Respondent For Applicant : Shri Awadh Tripathi, Advocate. For Respondent-State : Shri Shreyansh Gupta, Panel Lawyer.
Hon'ble Shri Justice N. K. Chandravanshi Order on Board
10.10.2023.
1. This is first bail application seeking for grant of bail to the Applicant who is in jail since 27.01.2023 in connection with Crime No.108/2023 registered at Police Station, Civil Line, District Bilaspur, for the offence punishable under Sections 21 and 22 of the NDPS Act.
2. Case of the prosecution in brief is that, on the basis of a secret information received from the informant, the police of Police Station Civil Line, Bilaspur on 27.01.2023 caught one Mahendra Sahu at Maharana Chowk, Bilaspur and seized 4800 Nos. of Codine Syrup Maxcoff (contraband) each containing 100ml. Thereafter, on the basis of his memorandum statement the police also searched one godown situated at Transport Nagar, Parsada, the owner of which is alleged to be the applicant herein. The police recovered 240 Nos. of Maxcoff Syrup from the godown of the applicant, 3000 Nos. from Raju @ Satyanarayan, and 360 Nos. from Rajkumar @ Chuknu,
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containing 100 ml. Based on above facts, a criminal case was registered against the applicant and other co-accused persons.
3. Learned Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Two of the prosecution witnessed have not supported the case of the prosecution. The prosecution has failed to establish the fact that the applicant was the owner of the godown from where the contraband was seized by leading cogent evidence and documents. From the spot map also the prosecution has failed to establish from where the contraband was seized. The charge sheet has been filed. The applicant is in jail since 27.01.2023. Therefore, the applicant may be released on bail.
4. On the other hand the State counsel opposes the bail application on the ground that huge amount of contraband was seized from the possession of the applicant on the basis of memorandum statement of co-accused Mahendra Sahu. Therefore, the applicant may not be released on bail.
5. Without commenting on merits, considering the totality of the facts and circumstances of the case, particularly taking into consideration the huge quantity of contraband seized from the possession of the applicant on the basis of the memorandum statement of other coaccused Mahendra Sahu, this Court is of the opinion that the present is not a fit case where the Applicant can be enlarged on bail.
6. Accordingly, the application for grant of bail is dismissed.
Sd/(N.K. Chandravanshi) Judge
inder
1 issue framed by the court
Whether the applicant, seized with huge quantity of contraband over a memo statement of co-accused, is eligible for bail.
1 provisions across 1 enactments
Rahul @ Roshanlal Mishra
State of Chhattisgarh
N. K. Chandravanshi
As recorded by the court registry
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