Third bail application under the NDPS Act after seizure of Planokuf syrup; earlier two applications were rejected on merits. The court noted the quantity of contraband and declined bail.
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2024:CGHC:33420
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 6081 of 2024
versus
| ... Non-applicant | ||
|---|---|---|
| For Applicant | : | Ms. Richa Dwivedi, Advocate. |
| For Non-applicant | : | Ms. Saumya Sharma, P. L. |
Hon’ble Shri Justice Rakesh Mohan Pandey
Judgment On Board
02/09/2024
1. The applicant has filed this third bail application pertaining to Crime No. 888/2023 lodged at Police Station-Civil Lines, District-Bilaspur for the offence punishable under Sections 21 and 22 of the N.D.P.S. Act.
2. Earlier, the first bail application i.e. MCRC No. 11064/2022 was rejected on merits vide order dated 31.03.2023. Subsequently, the second bail application i.e. MCRC No. 5829/2023 was also rejected on merits vide order dated 16.08.2023.
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3. As per the prosecution story, in the present case, after getting secret information, on 23.08.2022, the police seized 18 numbers of Planokuf syrup from the conscious possession of the present applicant and consequently, the FIR was registered against the present applicant.
4. Learned counsel for the applicant submitted that the charge sheet has been filed and the applicant has been languishing in jail since 23.08.2022 but till date no witness has been examined, thus the trial of the case is likely to take some time for final disposal. She prays that looking at the period of detention, the applicant deserves to be released on bail.
5. On the other hand, the learned counsel for the State would oppose.
6. It is evident that earlier, the first bail application i.e. MCRC No. 11064/2022 was rejected on merits vide order dated 31.03.2023. Similarly, the second bail application i.e. MCRC No. 5829/2023 was also rejected on merits vide order dated 16.08.2023. Further, looking into the quantity of contraband seized from the conscious possession of the present applicant, I am not inclined to allow this application.
7. Consequently, this bail application deserves to be and is hereby rejected .
Sd/-
Rakesh Mohan Pandey JUDGE
Ajinkya
1 issue framed by the court
Whether the applicant should be granted bail in an NDPS case given the quantity of contraband seized and the pendency of trial.
1 provisions across 1 enactments
Rajesh Koshle
State Of Chhattisgarh
Rakesh Mohan Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
