Order on Board

07/12/2023

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 applicant who has been arrested in connection with Crime No. 579/2023 registered at Police Station Ambikapur, District- Sarguja (C.G.) offence under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Case of the prosecution, in brief, is that on 09.09.2023, at about 12:30 p.m. a secret information was received that a women named Mili Namdev, in Bramhanpara, Ambikapur, was looking for a customer to sell the illegal drug brown sugar. After that the Police has intercepted Mili Namdev and seized 30 grams brown sugar from her possession.

Thereafter, an FIR under Section 21 (b) of NDPS Act 1985, has been registered against her.

3. It has been argued by Dr. Sudeep Agrawal, learned counsel for the applicant that the applicant has been falsely implicated in this case and the contraband brown sugar was not seized from the exclusive possession of the applicant. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicant intermediate quantity of the psychotropic substances brown sugar has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of contraband article as prescribed under the schedule is than 20 kgs and from the possession of the applicant only 30 grams brown sugar has been seized. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedents and he is in jail since 09.09.2023 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants.

4. On the other hand, Mr. Vikram Sharma, learned Deputy Government Advocate, appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that from the possession of the applicant contraband article i.e. 30 grams of brown sugar is seized, therefore, the present applicant is not entitled for grant of bail.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case that the applicant has no criminal antecedent and the contraband article i.e. 30 grams brown sugar which is less than commercial quantity, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Let the Applicant-Mili Namdev involved in Crime No. 579/2023 registered at Police Station Ambikapur, District- Sarguja (C.G.) offence under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on their furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section

229-A of the Indian Penal Code.

(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure her presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance