Nilesh Sharma vs State Of Chhattisgarh
2022 Latest Caselaw 6058 Chatt

                                       1

                                                                          NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                         MCRC No. 5464 of 2022
    Nilesh Sharma S/o Shri Kamlesh Sharma Aged About 33 Years R/o
     Devnagar, Dehgaon, P.S. Raisen, District-Raisen,, Madhya Pradesh

                                                                   ---- Applicant

                                    Versus

    State Of Chhattisgarh Through Station House Officer, Police Station
     Charama, District-Kanker,, Chhattisgarh

                                                             ---- Non-Applicant

For the Applicant              :      Mr. Ishan Verma, Advocate
For Non-Applicant              :      Mr. Vinod Tekam, P. L.

                 Hon'ble Shri Justice Sachin Singh Rajput
                              Order On Board
28.09.2022
   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 02.12.2021 in connection with Crime No.178/2021 registered at Police Station- Charama District- Kanker (C.G.) for the offence punishable under Section 20-B of the NDPS Act.

2. The case of prosecution in brief, is that on the basis of an information received from an informant Police has seized 55.400 kg Ganja from possession of present applicant and other co-accused. Thereafter, Police has registered an FIR against the present applicant.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the case. He further submits that there are three accused persons charged for the said offence, in the instant case from the present applicant 19 kg of cannabis (Ganja) was recovered from separate seizure memo the quantity of cannabis so seized is less than commercial quantity. He relied upon the judgment of Hon'ble Supreme Court in the case of Amarsingh Ramjibhai Barot Vs. State of Gujarat reported in 2005 (7) SCC 550 contending that since the separate seizure has been affected, the applicant cannot be convicted for committing an offence of commercial quantity, there is no previous criminal antecedents of the present applicant, trial is not concluded as yet, he is in jail since 02.12.2021, 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 separate seizure memo was prepared and from present applicant 19 kg of contraband was seized. However, looking to the quantity adding from other co-accused recovered the quantity would fall in the commercial quantity. He further submits that in the event of bail, local surety may be asked for and he may be restrained from leaving the State of Chhattisgarh without prior permission of trial Court because they belong to Raisen (Madhya Pradesh) for which counsel for the applicant does not object.

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

6. Considering the facts and circumstances of the case, considering the submission made by counsel for the parties, considering that separate seizure of 19 kg of cannabis (Ganja) was made from present applicant, there is no previous criminal antecedent of the present applicant, detention period and trial may take some time and also in view of judgment of the Hon'ble Supreme Court in the case of Amarsingh Ramjibhai Barot (Supra), I am inclined to allow this bail application.

7. Accordingly, the bail application filed by applicant is allowed and it is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- 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. It is also made clear that applicant shall not leave the State of Chhattisgarh without prior permission of the trial Court.

        9. Certified copy as per rules.                     Sd/-
                                                                   Sd/-

                                                        (Sachin Singh Rajput)
                                                                   Judge
parul