Order on Board

13/05/2024

1. This is the irst bail application iled 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. 41/2024 registered at Police Station Vaishali Nagar, District- Durg (C.G.), for the ofence punishable under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act.

2. Case of the prosecution, in brief, is that on 16.02.2024, at around 10:05 am, received information from his informant that one woman by the name of Viro Bai, wearing a light pink salwar suit, is selling Ganja near her house in Vrinda Nagar, Bhilai, (C.G.) at 10:15 am, constable No. 761, by the name of Durgesh Rajput, was handed over a duty certiicate and a notice under section 160 CRPC to bring along with him independent witnesses for the purpose of further proceeding. At around 10:20 am, constable No. 344, by the name of Virendra Sadav, was given a duty certiicate to give a post regarding NDPS proceeding to the CSP oice, Bhilai Nagar, and get an acknowledgment thereafter, which the said constable returned to the police station at around 10:50 am and informed that CSP Bhilai Nagar was not available at that time in his oice and that he had taken acknowledgment from the Reader in the CSP oice. Thereafter, at around 10:55 am, constable No. 761 Durgesh Rajput returned to the Police Station with two allegedly independent witnesses, namely Purushottam Yadav and Tikeshwar Nishad. At around 11 am, Sub-Inspector Ghanshyam Singh Netam, along with his raiding team left from the police station to the venue of incidence in Vrinda Nagar in Bolero vehicle No. CG 03/8062 citing delay in being able to procure search warrant under section 41(2) of NDPS Act, from the competent oicer. Thereafter, they apprehended Viro Bai at the venue of incidence and proceeded with the search and seizure proceedings of her person as well as of her house and also recorded her memorandum statement and then, carrying out the weighing and sealing proceedings of the seized items i.e. 20 paper packets, each packet of 5 gram, having Ganja, was allegedly seized from the possession of Viro Bai, which makes it a total of 100 grams and around 7 polythene packets of 800 gram each, having Ganja, were seized from the house of Viro Bai, where she lives with her family, which makes it a total of 5 KG and 600 gram along with 3000 rupees, earned from already sold Ganja, Thereafter, an ofence under section

20(b) of the NDPS Act was registered against her.

3. It has been argued by the learned counsel for the applicant submits that the applicant has been falsely implicated in this case search and seizure were not complied 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 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 the applicant only 5.600 kg contraband (Ganja) along with 3000/- rupees, earned from the already sold ganja has been seized. It is further submitted by the learned counsel for the applicant that the applicant has two criminal antecedents out of which one relates under the Excise Act of the year 2022 and another one is related to IPC of the year 2020 and she is in jail since 16.02.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

4. On the other hand, learned State counsel, appearing for the State/non-

applicant would oppose the bail application and submit that the charge- sheet has been iled in the present case before the competent Court. He further submits that t