Chattisgarh High Court
Sumit Jaiswal vs State Of Chhattisgarh on 22 September, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 6581 of 2022
• Sumit Jaiswal S/o Setram Jaiswal Aged About 23 Years R/o Shivanagar, P.S.
Kotwali Raigarh, Tahsil And District Raigarh (C.G.)
---- Applicant
Versus
• State Of Chhattisgarh Through Police Station City Kotwali, District Raigarh
(C.G.)
---- Respondent
For Applicant : Shri Ajay Pal Singh, Advocate For State : Shri Adil Minhaj, Govt. Adv.
Hon'ble Shri Justice Sachin Singh Rajput Order On Board 22/09/2022 The applicant has been arrested in connection with Crime No.1341/2021 registered at Police Station - City Kotwali, District - Raigarh (CG) for alleged commission of offences under Section 22 (B) of NDPS Act.
2. Prosecution case in brief is that the applicant and co-accused were found in possession of total 144 capsules of Tramadole which is psychotropic substance.
3. Learned counsel for the applicant submits that in total, 144 capsules of Tramadole were seized which falls within intermediate quantity. The applicant is in jail since 22/09/2022, seizure witnesses have also turned hostile. Therefore, the application may be allowed.
4. On the other hand, learned State counsel opposes bail application and 2 submits that 144 capsules of Tramadole were seized which is mentioned in item No.238ZH and according to the charge sheet, it is intermediate quantity. Tramadole component is 7.2 gms in 144 capsules.
5. I have heard learned counsel for the parties.
6. Looking to the quantity of contraband, particularly looking to the statement of seizure witnesses and period of detention, I am inclined to grant bail to the applicant.
7. Accordingly, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one solvent surety for the like amount to the satisfaction of the concerned trial Court on the condition that -
a) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court
b) He shall not act in any manner which will be prejudicial to fair and expeditious trial.
c) He shall not involve himself in any offence of similar nature in future.
Certified copy as per rules.
Sd/-
( Sachin Singh Rajput ) Judge Deepti