Vinay Singh vs State Of Chhattisgarh
2021 Latest Caselaw 1170 Chatt

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                                                MCRC No. 5020 of 2021

                                                                  NAFR

       HIGH COURT OF CHHATTISGARH, BILASPUR

                       MCRC No. 5020 of 2021

    Vinay Singh S/o Lallan Singh, Aged About 22 Years R/o Kabir
     Nagar, Raipur, Tahsil And District - Raipur Chhattisgarh., District :
     Raipur, Chhattisgarh

                                                          ---- Petitioner

                                Versus

    State Of Chhattisgarh Through - Station House Officer, Police
     Station, Urla, District Raipur Chhattisgarh

                                                        ---- Respondent

For Applicant Mr. GVK Rao, Advocate For Respondent/State Mr. Vikram Sharma, Dy. GA

Proceedings through Video Conferencing

SB.: Hon'ble Mr. Prashant Kumar Mishra, Ag. CJ

Order On Board

15/7/2021

1. Heard.

2. This is the third 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.395/2020

registered at Police Station Urla, Raipur, District Raipur (CG) for

the offence punishable under Section 21(B) of the Narcotic

Drugs and Psychotropic Substances Act.

3. The applicant was found in illicit possession of 16 bottles of

MCRC No. 5020 of 2021

cough syrup (100 ml each) containing codeine psychotropic

substance.

4. In a recent judgment in the matter of Hira Singh and another

Vs. Union of India & Another [CRA No.722/2017, decided on

22nd April 2020] [2020 SCC Online SC 382], the Hon'ble Supreme

Court has held that not only the psychotropic substance but the

entire neutral substance would have to be counted for

determining the quantity of psychotropic substance.

5. In view of the above, considering that commercial quantity of

contraband has been recovered from the applicant, I am not

inclined to release the applicant on regular bail.

6. Accordingly, the bail application is dismissed.

Sd/-

( Prashant Kumar Mishra) Acting Chief Justice

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