NAFR HIGH COURT of CHHATTISGARH, BILASPUR MCRC No. 7644 of 2023

1. Shahbuddin Malik S/o Late Babu Khan Aged About 48 Years R/o Kidwainagar, Merath City, Police Station Lisariget, District : Meerut, Uttar Pradesh.

2. Imran Malik S/o Ikramudin Aged About 33 Years R/o Indrapuri, Khekda, Police Station Khekda, District : Baghpat, Uttar Pradesh.

---- Applicants Versus State of Chhattisgarh Through The Station House OfÏcer Police Station Sukma, District : Sukuma, Chhattisgarh.

---- Non-Applicant (Cause Title taken from Case Information System)

For Applicants : Mr. Jitendra Shukla, Advocate.

For Non-Applicant : Mr. Sangharsh Pandey, Government Advocate.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

14.02.2024

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. 86/2023 registered at Police Station Sukma, District Sukma (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs & Psychotropic Substances Act, 1985.

2. Case of the prosecution, in brief, is that on 17.09.2023, the Police of Police Station Sukma, District Sukma (C.G.) has secret information through the informant and on the basis said information, the Police has stopped the vehilce bearing registration No. CG-05 H-0409, in which the applicants were travelling and seized 15 kg 500 gm Ganja from the possesion of applicant No. 1 and 10 kg 500 gm Ganja from the possesion of applicant No. 2. Thereafter, the case has been registered against the applicants.

3. It has been argued by Mr. Jitendra Shukla, learned counsel for the applicants that the applicants have been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicants. He further submits that the 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 applicants intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 kgs and from the possession of applicant No. 1, namely, Shahbuddin Malik, 15 kg 500 gm Ganja seized and from the possession of applicant No. 2, namely, Imran Mali, 10 kg 500 gm seized. It is further submitted by the learned counsel for the applicants that the applicants have no criminal antecedents and they are in jail since 17.09.2023 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. Sangharsh Pandey, learned 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 and also endorse the said submission that the applicants have no criminal antecedents. He further submits that from the possession of applicant No. 1, namely, Shahbuddin Malik, 15 kg 500 gm Ganja seized and from the possession of applicant No. 2, namely, Imran Mali, 10 kg 500 gm seized, therefore, the present applicants are 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 applicants have no criminal antecedents and from the possession of applicant No. 1, namely, Shahbuddin Malik, 15 kg 500 gm Ganja seized and from the possession of applicant No. 2, namely, Imran Mali, 10 kg 500 gm seized which is less than commercial quantity and the charge-sheet is also filed before the competent Court and further that the applicants are in jail since 17.09.2023, this Court is of the view that the applicants are entitled to be released on bail in this case.

7. Let