Chattisgarh High Court
Basant Kumar Thakur vs State Of Chhattisgarh on 9 January, 2023
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 8048 of 2022
Altaf Khan S/o Umar Khan Aged About 35 Years R/o Dumardih,
P.S. Dhourpur, District : Surguja (Ambikapur), Chhattisgarh
---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station
Pasta, Ramanujganj, District : Balrampur, Chhattisgarh
----Non-applicant
MCRC No. 9230 of 2022
Basant Kumar Thakur S/o Kailash Thakur Aged About 35 Years R/o
Dumardih, Police Station Dhourpur, District : Surguja (Ambikapur),
Chhattisgarh
---- Applicant
Versus
State Of Chhattisgarh Through The Police Station Pasta
Ramanujganj, District : Balrampur, Chhattisgarh
---- Non-applicant
For Applicant : Mr. Dashrath Kushwaha and
Mr. V.K. Pandey, Advocate
For Non-applicant : Mr. AmitKumar Verma, P.L.
Hon'ble Justice Shri Sachin Singh Rajput
Order On Board
09.01.2023
1. The applicants have preferred this first bail application under
Section 439 of Cr.P.C., as they have been arrested in connection
with Crime No. 42/2022, registered at Police Station - Pasta,
District - Balrampur-Ramanujganj (C.G.) for the offence punishable
under Section 21 (C) of Narcotics Drugs and Psychotropic
Substance Act.
2. The prosecution story in brief is that in-charge officer, concerned
police station - Pasta received information from the informant that
unknown person has kept illegal ban medicine to sale and police
has seized 94 Eskuf Cough Syrup Codiene Phosphate and
Chlorpheneremine Maleate Syrup containing in plastic bag of each
100-100 m.l. and 47 Peices of Codectuss Cough Syrup Triprolidine
Hydrochloride and Codine Phosphote Syrup of each 100-100 m.l.
from the place of incident. On such information being received the
police party conducted the raid and as a result thereof, police has
registered offence punishable under section 21 © of the NDPS Act
against the applicants.
3. Learned counsel for the applicants submits that no seizure was
effected from the possession of the applicants. They are in jail since
02/06/2022 and trial is likely to take some time. They further submit
that there is no previous criminal antecedent registered against
present applicants. They further submit that the case of the
prosecution basically rests upon two star witnesses who happens to
be the witnesses of entire investigation carried out by the
prosecution and they have not supported the case of the
prosecution. They rely upon the judgment of Sanjeet Kumar Singh
@ Munna Kumar Singh Vs. State of Chhattisgarh reported in
2022 SCC Online SC 1117. Therefore, on parity, the applicant may
be granted bail.
4. On the other hand, learned State counsel opposes prayer and
submits that looking to the quantity of contraband seized, the bail
application may be rejected.
5. I have heard learned counsel for the parties and considered their
rival submissions.
6. Considering the evidence collected, facts and circumstances of the
case, the two star witnesses of the case prima facie have not
supported the case of the prosecution, placing reliance on the
judgment of the Supreme Court in Sanjeet Kumar Singh @ Munna
Kumar Singh (supra), considering the detention period of the
applicants they are in jail since 02.06.2022, I am inclined to grant
bail to the applicants.
7. Accordingly, the applications are allowed. It is directed that
applicants shall be released on bail on their furnishing a personal
bond in the sum of Rs. 50,000/- each along with one surety for the
like amount to the satisfaction of the trial Court on the condition that
-
a) They shall appear before the trial Court regularly on
each and every date, unless exempted from appearance.
b) They shall not make any attempt to tamper with the
prosecution witnesses.
8. It is made clear that if the applicants is found involced in offence of
similar nature, the State is at liberty to apply for cancellation of bail.
It is also made clear that the applicants shall not leave the State of
Chhattisgarh without prior permission of the trial Court.
9. This Court has not expressed any opinion on the merits of the case.
Certified copy as per rules.
Sd/-
(Sachin Singh Rajput)
Judge
vaishali
