Chattisgarh High Court
Devidayal Vaishya vs State Of Chhattisgarh on 19 October, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 5475 of 2022
Devidayal Vaishya S/o Ramfhal Vaishya Aged About 30 Years R/o -
Village-Kogwar, Out-Post-Balangi, P.S-Raghunathnagar, District-
Balrampur-Ramanujganj,, Chhattisgarh
---- Applicant
Versus
State Of Chhattisgarh Through-S.H.O Police Station-Raghunathnagar,
District-Balrampur-Ramanujganj,, Chhattisgarh
---- Respondent.
-----------------------------------------------------------------------------------------------
For Applicant : Mr. Pushkar Sinha, Adv.
For Respondent/State : Mr. B.L. Sahu, PL.
-------------------------------------------------------------------------------------------------------
Hon'ble Shri Justice Sachin Singh Rajput
Order On Board
19.10.2022
1. The accused/applicant is in custody since 01.09.2021 in connection
with Crime No.145/2021 registered at Police Station -
Raghunathnagar, District - Balrampur - Ramanujganj, C.G. for the
offence punishable under Section 20(B)(ii)(C) of the NDPS Act, have
filed this application for grant of bail.
2. Case of the prosecution, in nutshell, on the basis of secret information
received from the informant the applicant was searched and seized in
illicit possession of 74.410 kg Ganja. Thereafter, on the basis of above
allegations, aforesaid offences were registered against the present
applicant.
3. Learned counsel for the applicant submits that the accused/applicant is
innocent and has been falsely implicated in the case. He
further submits that the seizure of 74.410 kgs contraband (Ganja) was
made effective from the cowshed in the house of the present applicant.
He further goes to show that the case of prosecution basically rested
upon the statements of two star witnesses who are the independent
witnesses of entire investigation carried out by the prosecution starting
from Notice to become a witness under section 160 CrPC (Ex.P-1),
information Panchnama (Ex.P-2) Approval to be an independent
witness (Ex.P-3) search of self witness and Force (Ex.P-4), search
panchnama of Cowshed (Ex.P-5), Recovery Panchnama (Ex.P-6),
counting Panchnama (Ex.P-7), scale weight verification (Ex.P-8), Drug
Identification Panchnama (Ex.P-9), Samras and weight Panchnama
(Ex.P-10), Seal and Sample Panchnama of seized article (Ex.P-11)
Seizure memo (Ex.P-12), Panchnama to give the reason for the arrest
of the accused Devidayal Vaishya (Ex.P-13), Spot Map (Ex.P-14), they
have not supported the case of prosecution and turned hostile. He
submits that in view of the facts and circumstances of the case there
are reasonable grounds to believe that the applicant is not guilty and
he would not commit same crime in future while on bail. He submits
that the condition of Section 37 of NDPS Act has been satisfied and
therefore there is no bar to this Court in granting bail to the applicant.
He further relied upon the judgment of Hon'ble the Supreme Court in
the case of Sanjeet Kumar Singh @ Munna Kumar Singh Vs. State
of Chhattisgarh reported in 2022 SCC Online SC 1117.
4. On the other hand, learned counsel for the State opposes the bail
application and submits that from the possession of present applicant
74.410 kgs of contraband Ganja was seized and other witnesses are
yet to be examined even assuming that seizure witnesses have not
supported the case of prosecution, the conviction can be sustained on
the basis of other witnesses including Investigating Officer. In view of
above bar under Section 37 of NDPS Act would be applicable against
the present applicant.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Considering the facts and circumstances of the case, looking to the
fact that the case of prosecution basically rested upon the statements
of two star witnesses who are the witnesses of entire investigation
carried out by the prosecution and they have not supported the case of
prosecution, in view of Judgment of Hon'ble Supreme Court in the
case of Sanjeet Kumar Singh @ Munna Kumar Singh (Supra),
applicant is in jail since 01.09.2021, Section 37 of the NDPS Act would
not come as a bar as prima-facie there is reasonable ground to believe
that the provisions of Section 37 of NDPS Act appears to have been
satisfied, I am inclined to allow this bail application.
7. Accordingly, the bail application filed by applicant is allowed. It is
directed that he shall be released on bail on furnishing a personal
bond in the sum of Rs.1,00,000/- with one local surety for the like
amount to the satisfaction of the concerned trial Court. He shall appear
before the trial Court on each and every date given by the said trial
Court, till disposal of the trial.
8. It is made clear that the observations made hereinabove is only for the
purpose of deciding the bail application and the trial Court will decide
the case on its own merit without being influenced by any observation
made hereinabove. It is also made clear that the State is at liberty to
move an application regarding cancellation of bail of the applicant in
the event of applicant involving himself in similar offence in future.
9. Certified copy as per rules.
Sd/-
(Sachin Singh Rajput)
Judge
yasmin
