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2021 Supreme(Chh) 28

SANJAY K.AGRAWAL
Shailu Tiwari @ Lala S/o Pawan Tiwari – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Yogesh Pandey.
For the Respondent: Mr. Ayaz Naved.

ORDER :

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 606/2020, registered at Police Station - Khamtarai, District Raipur (CG), for the offence punishable under Section 20B of the NDPS Act, 1985.

2. The case of the prosecution, in brief, is that 5.400 kg of ganja was recovered from the possession of the applicant No. 1, whereas 4.898 kg from applicant No. 2 and thereby they committed the offence.

3. Learned counsel for the applicants would submit that the applicants have not committed any offence and they have been falsely implicated in the crime in question. He would further submit that the ganja recovered from the possession of the applicants is more than the small quantity but less than the commercial quantity, the applicants are in jail since 10.12.2020 i.e. for more than 5 months, the charge-sheet has already been filed and no custodial interrogation is required to be done, therefore, the applicants may kindly be released on bail.

4. On the other hand, learned State counsel would oppose the bail application.

5. I have heard learned

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