Chattisgarh High Court
Satyaprakash vs State Of Chhattisgarh on 9 March, 2017
Page No.1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.CR.C. No. 418 of 2017
1. Satyaprakash, S/o. Vijay Prasad, aged about 25 years, R/o. Village-
Chawna, P.S. - Bamhni, District - Sonbhadra, Uttar Pradesh.
----Applicant
Versus
1. State Of Chhattisgarh, Through : The Police Station -Basantpur,
District- Sarguja, (Corect District is Balrampur), Chhattisgarh.
---- Respondent
For Applicant : Mr. Rakesh Pandey, Advocate For Respondent/State : Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 09/03/2017
1. This is the second bail application filed 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.126/2016, registered at Police Station - Basantpur, Out-post - Wadrafnagar, District - Sarguja (C.G.) (Correct District is Balrampur) for the offence punishable under Section 21-b of N.D.P.S. Act. The first bail application was dismissed as withdrawn with liberty to repeat the same after filing of the charge-sheet vide order dated 22.12.2016 in M.Cr.C. No.8222/2016.
2. Case of the prosecution, in brief, is that on 12.11.2016 on a raid being conducted from one accuesed different bottles of Corex Syrup were seized. Subseqeuntly it was revealed that said supply was made by the present applicant, who was resident of village -Bamhani and at the instance of the present applicant from Sagon plantation, huge quantity of recovery were made which includes 188 bottles of Corex syrup, 143 bottles of Elturex along-with other intoxicated drugs were seized. Page No.2
Thereby the offence has been committed.
3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and there has been manipulation in the case diary as initially it was of Wadrafnagar, subseqeuntly, the crime number has been shown, which would show about the manipulation. He further submits that no allegation can be attributed to the present applicant as the seizure was made from the open place. Therefore, the counsel prays that the applicant may be enlarged on bail.
4. On the other hand, learned counsel for the State opposes the bail application.
5. I have heard learned counsel appearing for the parties.
6. The concerned Investigating Officer was called. On being enquired and from perusal of the case diary, explanation was made that initially the registration was made in Wadrafnagar Chowki and the police station is at Basantpur, therefore, the said discripancies appears to be exist but actually there is no manipulation has been made.
7. Perused the case diary, documents and the arrest memo. Initially the issue was handeled by Wadrafnagar Police, which is a out-station and subseqeuntly, the case was registered after arrest at Basantpur police station. Taking into totality, the quantity of drugs seized and the explanation sought for being satisfactory, I am not inclined to release the applicant on bail.
8. Accordingly, the bail application filed under Section 439 of the Cr.P.C.
is dismissed.
Sd/-
(Goutam Bhaduri) Judge Balram