Dismissed¶7

Ashok Mandal v. State of Chhattisgarh

Bail – NDPS Act, 1985

Chhattisgarh HC1 Jan 2024MCRC/7633/2023

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What is this about?

MCRC No. 7633 of 2023; High Court of Chhattisgarh, Bilaspur; Deepak Kumar Tiwari, J.; order dated 02/01/2024; bail application rejected; NDPS Act 1985; Section 21 (C); Section 37 rigor; commercial quantity; T-Gesic injection 38 grams vs 20 grams Sr. No.169; Rizwan Khan v. State of Chhattisgarh (2020) 9 SCC 627; Crime No.279/2022 P.S. Jaynagar District Surajpur; second bail application; earlier MCRC No.3013/2023 dismissed as withdrawn 30.6.2023; custody since 10.10.2022; hostile seizure witnesses; trial to be concluded expeditiously.

What did the court decide?

The Court holds that the rigor of Section 37 of the NDPS Act attracts in this case. ¶6

Ashok Mandal Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 7633 of 2023

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Ashok Mandal S/o Late Sarad Mandal Aged About 55 Years Caste Namoshudra, R/o Village Bhagwanpur Subhashnagar, Police Station Gandhinagar, Ambikapur, Tahsil Ambikapur, DistrictSurguja, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through S.H.O. P.S. Jaynagar, DistrictSurajpur, Chhattisgarh.

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---- Non-Applicant

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For Applicant : Shri Ashok Kumar Shukla, Advocate. For Non-Applicant : Shri Vinod Tekam, Panel Lawyer.

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Hon'ble Shri Deepak Kumar Tiwari, J

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Order On Board

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02/01/2024 :

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The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.279/2022 registered at Police Station Jaynagar, District Surajpur for offence under Section 21 (C) of the NDPS Act, 1985.

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This is the 2^nd bail application on behalf of the applicant. The earlier bail application has been dismissed as withdrawn vide order dated 30.6.2023 passed in MCRC No.3013/2023.

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Prosecution case is that on the basis of secret information, the concerned Police has conducted a search during which it was found

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that the applicant was standing near the Bus Station at NH-47. The police intercepted him along with his two wheeler namely, Jupiter bearing registration No.CG-15-DC/9575 and during search, one black polythene was found containing Avil Injection 26 ampules, T- Gesic Injection 19 ampule, total 45 ampules.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. Both the seizure witnesses have turned hostile and not supported the case of the prosecution. He has drawn attention of the Court towards the statements of (PW-1) Ramu Giri and (PW-2) Ramchandra. The applicant is in jail since 10.10.2022. The applicant is seriously ill and is taking treatment at the District Hospital, Surajpur. In support of his contention, he has filed the document (Annexure-A/4). Considering all these aspects, the applicant may be released on bail.

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Per contra, learned State Counsel would oppose the bail application on submission that only because seizure witnesses have turned hostile is no ground for acquittal as the I.O. is the equally competent witness and rigor of Section 37 of the NDPS Act attracts, as has been observed by the Hon’ble Supreme Court in the matter of Rizwan Khan Vs. State of Chhattisgarh {(2020) 9 SCC 627}. He further submits that commercial quantity of contraband has been recovered from the possession of the applicant and at Sr. No.169, commercial quantity is mentioned as 20 grams and in the instant case, T-Gesic injection 19 ampule, 2ml each, thereby total 38 grams was recovered from the applicant. Therefore, the bail

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application may be rejected.

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Considering the submissions of the parties, particularly considering the nature of accusations and the fact that rigor of Section 37 of the NDPS Act attracts, the trial is in progress and appreciation of evidence is not required at this stage, this Court is not inclined to release the applicant on bail.

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Accordingly, the Application is rejected. However, the trial Court shall make all possible endeavour to conclude the trial in an expeditious manner.

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Sd/(Deepak Kumar Tiwari) Judge

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Barve

Ashok Mandal v. State of Chhattisgarh

Case brief

What is this about?

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Ashok Mandal v. State of Chhattisgarh

Case brief

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