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2003 (1) Crimes 171
Madhya Pradesh High Court
K.H.N. Kuranga, CJ.
Krishna — Applicant
versus
State of Chhattisgarh —Respondent
Misc. Crl. Case No. 1875/2002
Decided on 24-10-2002
Counsel for the parties:
For the Applicant :Shri Arun Kochar, Advocate.
For the Respondent: Shri Gautam Bhaduri learned GA.
Headnote:Criminal Procedure Code, 1973 — Section 439 — Case registered under Section 20-B of Narcotic Drugs and Psychotropic Substances Act — Bail — Two jute bags contai-ning 13 kgs of Ganja recovered from in front of retiring room of platform — Number of persons run about in the platform — Fit case to allow applicant to bail. (Paras 2 to 4)
Result: Petition allowed.
ORDER
K.H.N. Kuranga, CJ.— Heard both the counsels.
This application has been filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail. He is an accused in Crime No. 1/2002 registered in GRP Police Station, Raipur for the offence punishable under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act.
2. The case of the prosecution is that on 1.1.2002 at about 12 mid night the police seized two jute bags containing 13 Kilograms of Ganja kept in front of retiring room of Platform No. 1 in Raipur.
3. Learned counsel for the applicant submits that it is not stated in the Panchnama that the applicant was carrying the bag containing Ganja. What is stated in Panchnama is that the bags were kept in front of the retiring room of Platform No. 1 and they have been seized.
There are number of persons running about in the platform.
4. Having regard to the facts and circumstances of the case, I am of the opinion that it is a fit case to admit the applicant to bail. Accor-dingly the application is allowed and the applicant is directed to be relea-sed on bail on his executing a bond in the sum of Rs. 5,000/- with two sureties for the like sum to the satisfaction of the concerned Magis-trate. He shall not repeat the offence.
Petition allowed.
