Mohd. Nazir Azahar @ Bholu vs State Of Chhattisgarh
2022 Latest Caselaw 455 Chatt

                                                                    NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                            MCRC No. 9268 of 2021
      Mohd. Nazir Azahar @ Bholu S/o Jameel Khan, Aged About 24
       Years R/o Sarnapara, Patna, P.S. Patna, District Koriya
       Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh
                                                            ---- Applicant
                               Versus
      State Of Chhattisgarh Through Station House Officer, P.S.
       Patna, District Koriya Chhattisgarh,          District   :   Koriya
       (Baikunthpur), Chhattisgarh                   ---- Respondents

For the Applicant/s :- Ms. Reena Singh, Adv.

For the State :- Mr. Afroj Khan, PL _______________________________________________________________

Hon'ble Shri Justice Deepak Kumar Tiwari,

Order on Board 25.01.2022

1. The applicant has preferred this bail application under

Section 439 of the Cr.P.C. for grant of regular bail as he is

arrested in connection with crime No. 280 of 2021 registered in

Police Station Patna, District Koriya, C.G. for offence punishable

under Section 22(C) of the NDPS Act.

2. Case of the prosecution in brief is that on 08.09.2021 the

police officials got information from informant that the applicant

has possession of intoxicated injections, which he sells at Rs.400-

600/-, on the said information officials seized 2 ml 13 pieces

Buprenorphine injection and 10 ml 13 pieces Avil Vial injection

from inside of the shirt of the present applicant.

3. Learned counsel for the applicant submits that the applicant

is innocent and has been falsely implicated. He also submits that in the similar set of facts in the High Court of Punjab & Haryara

at Chndigarh (Bittu Ram Vs. State of U.T. Chandigarh)

decided on 12.01.2018, in which arguments was advanced by

the applicant that one gram is equivalent to 3333.33 ml, and as

the applicant is in jail since 09.09.2021, the applicant may be

released on bail.

4. Per contra, learned State counsel opposes the bail

application and submits that 1 ml is equals to 1 gram and the

quantity seized from the present applicant is more than

commercial quantity, therefore the application filed by the

applicant is liable to be rejected.

5. Considering the facts and circumstances of the case and

also considering the judgment of State of Kerala Vs. Rajesh

reported in 2020 SCC online SC 81, this Court does not find the

present case fit for grant of bail.

6. Accordingly, the bail application is dismissed. However, the

applicant is at liberty to revive the application after the

examination of the material witnesses.

Certified copy as per rules.

Sd/-

Deepak Kumar Tiwari Judge

PAWAN