Golu Tandan vs State Of Chhattisgarh
2022 Latest Caselaw 7625 Chatt

                                        1

                                                                           NAFR

                                                      Reserved on 06.12.2022

                                                   Pronounced on 16.12.2022
             HIGH COURT OF CHHATTISGARH, BILASPUR
                            MCRC No. 7824 of 2022
    Golu Tandan S/o Budaru Tandan Aged About 28 Years R/o Mini Basti
     Jarhabhatha, Police Station Civil Lines, Bilaspur, District - Bilaspur (C.G.)

                                                                    ---- Applicant

                                      Versus

    State Of Chhattisgarh Through - Station House Officer, Police Station Civil
     Lines, Bilaspur (C.G.)

                                                             ---- Non-Applicant


For the Applicant               :      Mr. Rajeev Kumar Dubey, Advocate
For Non-Applicant               :      Mr. Roshan Dubey, P. L.


                Hon'ble Shri Justice Sachin Singh Rajput
                                    CAV ORDER
   1.

The applicant has preferred the first bail application under Section 439

of CrPC for grant of regular bail as he is in jail since 12.08.2022 in connection with Crime No.844/2022 registered at Police Station-Civil Lines, Bilaspur District- Bilaspur (C.G.) for the offence punishable under Section 21 & 22 of the NDPS Act.

2. The case of prosecution in brief, is that on the basis of a secret information Police has seized total 26 pieces of Onerex Codeine Phosphate Syrup (100 ml each) and 14 pieces of Mexcoff Codeine Phosphate Syrup (100 ml each) from possession of present applicant. Therefore, FIR has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is

innocent and has been falsely implicated in the case. He further submits that the Investigation Agency has not conducted the investigation in fair manner and strict compliance of mandatory provisions of NDPS Act i.e. Section 42 & 50 has not been done by the Police, therefore, trial is vitiated. He submits that the investigation is

completed, charge-sheet has been filed and trial is likely to take some time, he is in jail since 12.08.2022, therefore, he may be released on bail.

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

application and submits that the quantity of contraband so seized is in the commercial quantity and there is presumption of Section 54 of NDPS Act with regard to possession of the contraband against the present applicant. He further submits that strict compliance of mandatory provision has been done by the Investigation Agency, since the contraband so seized is in the commercial quantity provisions of Section 37 of NDPS Act would come into play, therefore, application may be rejected. He also relied upon the judgment of Apex Court in the matter of State of Kerala v. Rajesh1 & Narcotics Control Bureau v. Mohit Aggarwal2 .

5. I have heard learned counsel for the parties and perused the case

diary.

6. Considering the facts and circumstances of the case and considering

the rival submission made by counsel for the parties, looking to the quantity of contraband and also in view of the judgments of Hon'ble Supreme Court in the matter of State of Kerala (Supra) & Mohit Aggarwal (Supra), this Court is of the opinion that the applicant has no case for regular bail.

7. Accordingly, the bail application of applicant is rejected.

Sd/-

                    Sd/-                                        Sd/-

                                                     (Sachin Singh Rajput)
                                                               Judge
parul




1 (2020) 12 SCC 122

2 2022 SCC OnLine SC 891.