Lakhan Mohite vs State Of Chhattisgarh
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Chattisgarh High Court

Lakhan Mohite vs State Of Chhattisgarh on 21 February, 2025

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                                       HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                             CRA No. 1823 of 2024

                             1 - Lakhan Mohite S/o Babarao Mohite Aged About 27 Years R/o Anbhora, Police
                             Station Murtijapur, District Akola, Maharashtra.
                                                                                                 ... Appellant (s)
                                                                      versus
                             1 - State Of Chhattisgarh Through Station House Officer P.S. Grp, District Raipur,
                             Chhattisgarh.
                                                                                               ... Respondent(s)

21/02/2025 Shri T.K. Jha, counsel for the appellant.

Ms. Anuradha Jain, P.L. for the State.

Heard on I.A. No.1 of 2024, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment of conviction and sentence dated 13/09/2024, passed by the learned Special Judge (NDPS Act), Raipur, District- Raipur (C.G.) in Special Criminal Case No 139/2023, the appellant stands convicted and sentenced as under :-

                                              Conviction                        Sentence


NARESH KUMAR
                                              Under Section 20(b)               R.I. for 10 years and fine of

Rs.1,00,000/- in default of fine by NARESH KAMDE KUMAR Date:

(ii)(C) of NDPS KAMDE 2025.02.25 11:59:47 +0530

Act. Additional R.I. for 6 months.

Counsel for the appellant submits that the seizure witnesses have been declared hostile and they have not supported the case of the prosecution, seizure has not been made in the presence of Magistrate and the mandatory provisions of Section 52A of NDPS Act has been violated and appellant is in jail since 28/06/2023, therefore, the application may be allowed.

On the other hand learned State counsel submits that 26 Kg. of contraband has been seized from the exclusive possession of the appellant which is commercial quantity, therefore, he may not be granted bail.

I have heard learned counsel for the parties and perused the record.

As per prosecution story 26 kg. contraband i.e. ganja was seized from the exclusive possession of the appellant, which is a commercial quantity. It is also pertinent to mention here that Section 37 provides for constringent condition for granting bail, therefore, the application I.A. No.1/2024, deserves to be and is hereby dismissed.

List this appeal for final hearing in the month of April, 2025.

Sd/-

(Arvind Kumar Verma) Judge Kamde