Lalan Jaiswal vs State Of Chhattisgarh
2023 Latest Caselaw 1131 Chatt

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                                                                          NAFR
               HIGH COURT OF CHHATTISGARH, BILASPUR
                            MCRC No. 16 of 2023
    Lalan Jaiswal S/o Shri Ramgopal Jaiswal Aged About 40 Years R/o
     Bhaiyathan Road, Surajpur, Police Station Surajpur, Tahsil And District
     Surajpur, Chhattisgarh

                                                                   ---- Applicant

                                    Versus

    State Of Chhattisgarh Through Station House Officer, Police Station
     Surajpur, District : Surajpur, Chhattisgarh

                                                               ---- Non-Applicant

For the Applicant               :     Mr. Shashi Bhushan Tiwari, Advocate
For Non-Applicant               :     Ms. Shivali Dubey, P. L.

                    Hon'ble Shri Justice Sachin Singh Rajput
                                 Order On Board
22.02.2023
   1.

The applicant has preferred the second bail application under Section 439 of CrPC for grant of regular bail as he is in jail since 08.06.2022 in connection with Crime No.260/2022 registered at Police Station- Surajpur, District- Surajpur (C.G.) for the offence punishable under Section 21 (C) of NDPS Act. His first bail application was dismissed as withdrawn with liberty to renew the same after filing of charge-sheet passed in MCRC No.6031 of 2022 vide order dated 10.08.2022.

2. The case of prosecution in brief, is that on the basis of a secret information, Police has seized 334 pieces of contraband cough Syrup from the house of co-accused. It is further alleged that the present applicant kept the cough syrup in the house of co-accused for sale purpose, therefore, the said offence has been registered.

3. Counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in this case. He further submits that the name of present applicant is surfaced only on the basis of memorandum statement of co-accused and no seizure was made effective from the possession of the applicant, there is no admissible piece of evidence against the present applicant, he is in jail since 08.06.2022, charge-sheet has been filed and the trial is not concluded as yet, therefore, he may be released on bail.

4. On the other hand, Counsel for the State opposes the bail application and submits that the submissions made by counsel for the applicant can be trusted at the time of trial and total quantity of contraband seized is commercial in nature, therefore, Section 37 of NDPS would come into play and at this stage, it cannot be said that he would not commit the same crime in future. In support of her submission, she placed reliance upon the judgment of Hon'ble Supreme Court in the matter of Union of India Vs. Md. Nawaz Khan reported in 2021 (10) SCC 100.

5. I have heard learned counsel for the parties and considered their rival submissions.

6. Considering the totality of the facts and circumstances of the case, looking to the nature of evidence collected by prosecution, quantity of contraband seized, provision of Section 37 of NDPS Act and also placing reliance upon the judgment of Hon'ble Supreme Court cited by State counsel in the matter of Nawaz khan (Supra), at this stage this Court is unable to hold that the applicant has crossed the hurdles created under section 37 of NDPS Act, therefore, his application is hereby rejected.

7. However, liberty is reserved to repeat the prayer after seizure witnesses are examined.

               Sd/-                                         Sd/-

                                                  (Sachin Singh Rajput)
                                                            Judge
parul