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2024 Supreme(Online)(CG) 9114

HIGH COURT OF CHHATTISGARH
SHAHBUDDIN MALIK – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


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

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