Chhatisgarh HC: Whether the court can release accused prosecuted for possessing intermediate quantity of Ganja on bail?

 Case of the prosecution, in brief, is that 1.9 Kg (1900 gm) of contraband(Ganja) was seized from the possession of the applicant. Hence, the offence has been registered. {Para 3}

6. Having considered the submissions of learned counsel for the parties, particularly considering that there is no criminal past of the applicant and further considering that intermediate quantity of Ganja has been seized from the possession of the applicant, and lastly considering his pre-trial detention, this Court is inclined to release the applicant on bail.

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 3553 of 2023

 Rahul Kumar Vijay Ram, Vs State Of Chhattisgarh 

Dated:15/6/2023

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.43/2023 registered at Police Station Basantpur, District Balrampur-Ramanujganj (CG) for the offence under Section 20(B) of the Narcotics Drugs and Psychotropic Substances Act.

3. Case of the prosecution, in brief, is that 1.9 Kg (1900 gm) of contraband(Ganja) was seized from the possession of the applicant. Hence, the offence has been registered.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that intermediate quantity of Ganja has been seized from the applicant, therefore, rigor of Section 37 of the NDPS Act is not attracted in the present case. The applicant has no criminal antecedent and he is in jail since 3.4.2023 . Hence, he prays for releasing the applicant on bail.

5. On the other hand, learned counsel for the State opposes the bail

application. However, he submits that there is no criminal antecedent of the applicant.

6. Having considered the submissions of learned counsel for the parties, particularly considering that there is no criminal past of the applicant and further considering that intermediate quantity of Ganja has been seized from the possession of the applicant, and lastly considering his pre-trial detention, this Court is inclined to release the applicant on bail.

7. Accordingly, the application is allowed and the applicant is directed to be

released on bail on his furnishing a personal bond for a sum of Rs.50,000/-

with two sureties in the like amount to the satisfaction of the trial Court. He

is directed to appear before the trial Court on each and every date given by

the said Court.

8. Certified copy as per rules. Sd/-

( Deepak Kumar Tiwari)

Judge

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