Dismissed

Thakur Singh Baghel v. the State of Chhattisgarh

Chhattisgarh HC13 Oct 2023MCRC/4569/2023

Case brief

AI extract

What is this about?

This order rejects the second bail application of an applicant arrested for possessing 26.220 kg of Ganja under the NDPS Act. The High Court held that parameters under Section 37 of the NDPS Act were not satisfied due to the commercial quantity seized, citing Mohit Aggarwal and Rizwan Khan. The trial was directed to be expedited.

What did the court decide?

Application for bail rejected; trial court directed to expedite trial.

Thakur Singh Baghel Vs the State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2023)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

MCRC No. 4569 of 2023

¶5

Thakur Singh Baghel S/o Salimdhar Aged About 40 Years Cast - Kumhar, R/o Jaibel, P.S. Karpawand, District Bastar (C.G.)

¶6

---- Applicant

¶7

Versus

¶8

The State Of Chhattisgarh Through The Station House Officer, Police Station Darbha, Distt. Bastar (C.G.)

¶9

---- Non-Applicant

¶10

For Applicant : Shri Satish Gupta, Advocate. For Non-Applicant : Shri Arjit Tiwari, Panel Lawyer.

¶11

Hon'ble Shri Deepak Kumar Tiwari, J

¶12

Order On Board

¶13

13/10/2023 :

¶14

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.63/2022 registered at Police Station Darbha, District Bastar for offence under Section 20 (b)(ii)(C) of the NDPS Act.

¶15

This is the 2^nd bail application on behalf of the applicant. The earlier bail application was dismissed as withdrawn with liberty to file afresh after examination of the seizure witnesses vide order dated 13.6.2023 passed in MCRC No.1924 of 2023.

¶16

Prosecution case is that on receiving secret information that the

¶17

¶18

applicant was illegally carrying contraband on his motorcycle bearing registration No.CG-17/KK-9684, the concerned police laid a trap and intercepted the vehicle of the applicant and recovered 26.220 kg of Ganja from his possession.

¶19

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated. Both the seizure witnesses have not supported the case of the prosecution. There are 20 witnesses in the case, conclusion of trial is likely to take considerable time for its disposal and the applicant is in jail since 4.8.2022. Considering all these aspects, the applicant may be released on bail. Reliance is placed on the judgment of the Hon’ble Supreme Court in the matter of Allepu Ramesh Vs. State of Chhattisgarh {SLP(Cr) No.2500/2023, decided on 26.4.2023}.

¶20

Per contra, learned State Counsel would oppose the bail application. He submits that commercial quantity of contraband has been seized and the rigor of Section 37 of the NDPS Act attracts. He further submits that in the matter of Narcotic Control Bureau Vs. Mohit Aggarwal {2022 SCC OnLine SC 891}, it has been categorically observed that if the parameters of bail available under Section 37 of the NDPS Act are not satisfied, it is not a fit case for grant of bail. It has been further observed that length of period of custody or the fact that the charge sheet has been filed and the trial has commenced are by themselves not considerations that can be treated as persuasive grounds for granting relief. In the matter of Rizwan Khan Vs. State of Chhattisgarh

¶21

¶22

{(2020) 9 SCC 627}, it was observed that independent witnesses turning hostile cannot be a ground of acquittal under the NDPS Act. Thus, the applicant has not been able to make out a case for bail.

¶23

Considering the submissions of the parties and also considering the aforesaid propositions laid down in the matter of Mohit Aggarwal and Rizwan Khan (Supra), further considering that parameters under Section 37 of the NDPS Act are not satisfied and the commercial quantity has been seized, this Court is not inclined to release the applicant on bail.

¶24

Accordingly, the Application is rejected. However, the trial Court is directed to expedite the trial and decide the case expeditiously.

¶25

Sd/(Deepak Kumar Tiwari) Judge

¶26

Barve

Thakur Singh Baghel v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Thakur Singh Baghel v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ram Niwas Sahu Vs State of Chhattisgarh

Ranjeet Kumar Tandey Vs State of Chhattisgarh

Ganesh Yadav Vs the State of Chhattisgarh

Utsav Dey Vs Sanjay Dey (Deleted)

Ajay Kumar Dhruv Vs State of Chhattisgarh

Prakash @ Bunty Gaharwar Vs State of Chhattisgarh