Suresh Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 5942 Chatt

                                                                              NAFR
                  HIGH COURT OF CHHATTISGARH, BILASPUR
                              MCRC No. 6713 of 2022

     Suresh Sahu S/o Late Sajan Sahu, aged about 23 years Caste- Sahu,
     Occupation- Agriculture, Village Bagaihatola, Post Office- Kotma, Thana-
     Kotma Tahsil- Kotma, District- Anuppur, Madhya Pradesh.

                                                                      ---- Applicant

                                      Versus

     State of Chhattisgarh Through Thana Pendra, District- Gourela-Pendra-
     Marwahi, Chhattisgarh.

                                                                    ---- Respondent

______________________________________________________________________

For Applicant : Mr. Omprakash Tiwari, Advocate For Respondent/State : Ms. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Sachin Singh Rajput Order On Board

22.09.2022

1. The applicant has preferred this first bail application under Section

439 of Cr.P.C. for grant of regular bail as he is arrested in connection

with Crime No. 194 of 2022, registered at Police Station: Pendra,

District: Gaurela-Pendra-Marvahi (C.G.) for the offence punishable

under Section 20-B of NDPS Act.

2. According to the prosecution story, the present applicant happens to

be the occupants of Hyundai Verna Car bearing Registration No.

MP17-CA-6383, which was being followed by Ertiga Car bearing registration No. MP-15-T-3259. On information received from

informant, these cars were intercepted, and on interception three

people those who were sitting in the Ertiga Car jumped out of the car

and ran away. The present applicants were apprehended and on their

memorandum, the name of other co-accused persons were revealed

and from the Ertiga Car, 105 Kg contraband Ganja was recovered.

Thereafter, on completion of the investigation charge-sheet was filed.

The present applicant was arrested on 08.05.2022.

3. Learned counsel appearing on behalf of the applicant submits that the

applicant is innocent and no recovery of any contraband has been

made from the Hyundai Car bearing registration No. MP17-CA-6383.

According to his instructions, the applicant was coming back from a

pilgrimage and it is by chance that they were ahead of the Ertiga Car in

which the alleged contraband was being carried. He further submits

that the present applicant has been implicated in the crime only on

the basis of suspicion and the evidence so collected is not sufficient

enough to convict the applicant in the said offences. He submits that

in view of the fact, the provision of Section 37 of the NDPS Act would

not come into play as there is no criminal antecedent of the applicant

and it cannot be said that the applicant would commit the same crime

in future also. The applicant is in jail since 08.05.2022, charge-sheet

has not been filed and trial is likely to take some more time, therefore,

it is prayed that the applicant may be released on bail.

4. On the other hand, State counsel submits that as per the material

collected by the prosecution, it has come on record that car which the

applicant was occupying was a piloting car and the contraband was seized from another car namely Ertiga. He submits that in the

memorandum the name of the other co-accused have been revealed

and the contraband which has been seized which is in the commercial

quantity and provisions of Section 37 of the NDPS Act would be

applicable. She relied on the judgment of Hon'ble Apex Court in the

matter of NARCOTICS CONTROL BUREAU Vs. MOHIT AGGRAWAL

reported in LAWS(SC)-2022-7-75, and submits that there is no

reasonable ground to believe that the applicant has not committed

the crime and he would in future not commit the same offence again.

However, she fairly submits that the applicant has no previous

antecedents.

5. Heard the counsel for the parties.

6. Considered the rival submissions, looking to the evidence collected,

the memorandum and looking to the fact that at this stage there is no

reasonable ground to believe in the opinion of the Court that the

applicant had not committed the crime, therefore, in view of the

judgment of the Apex Court in the matter of Narcotics Control

Bureau Vs. Mohit Aggarwal (supra), I am not inclined to allow this

application and the same is rejected. However, it is expected that the

trial Court will do all endeavors to conclude the trial expeditiously.

Sd/-

(Sachin Singh Rajput) Judge

Saurabh