Islam vs State Of Chhattisgarh
2022 Latest Caselaw 607 Chatt

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                                                                               NAFR
               HIGH COURT OF CHHATTISGARH, BILASPUR
                      Proceeding Through Video Conferencing

                              CRA No. 1340 of 2019

1.   Islam S/o Bundu Musalman, Aged About 57 Years, R/o Rukansarai, Near
     Jannat Masjid Buland Sahar Police Station City Kotwali Bulandsahar,
     District Bulandshar (U.P.).
                                                                        ----Appellant
                                                                              (In Jail)
                                        Versus
2.   State Of Chhattisgarh, Through Police Station Borai, Dhamtari (C.G.).
                                                                 ---- Respondent

03/02/2022 Ms. Ranjana Jaiswal, Counsel for the appellant.

Mr. Shrestha Gupta, P.L. for the State/respondent.

Heard on admission.

Admit

Also heard on I.A. No. 01/2019, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 02/08/2019 passed by Special Judge (NDPS Act), Dhamtari (CG.) in Special Criminal Case (N.D.P.S. Act) No. 231/2017, the appellant stands convicted and sentenced as under:

Conviction Sentence Under Section 20(B)(2)(C) of the R.I. for 10 years and fine of Rs. Narcotics Drugs & Psychotropic 1,00,000/-, in default of payment of Substance Act, 1985. fine additional R.I. for 3 months.

Counsel for the appellant submits that the impugned judgment is per se illegal and bad in law. There are major contradictions and omissions in the statements of the witnesses. The mandatory provisions of the NDPS Act have not been complied with by the Police while effecting search and seizure proceedings. The disposal of the appeal is likely to take some time, therefore, the appellant be released on bail.

On the other hand, State counsel opposes the bail application.

Heard learned counsel for the parties.

Looking to the evidence of Investigating Officer PW-06 S.L. Sinha, the quantity of Ganja seized from the appellant i.e. 110.500 KG and other material available on record, I am not inclined to release the appellant on bail

Accordingly, the application (I.A. No. 01/2019) is rejected.

List this case for final hearing in its due course.

-Sd/-

(Gautam Chourdiya) Judge

Chandrakant