SHIV PRADHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is first application filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to applicant, who is in custody since 25/12/2020 in connection with Crime No.592 of 2020 registered at Police Station Basna, District Mahasamund (C.G.) for commission of the offence punishable under Sec. 20 (B) of Narcotics Drugs and Psychotropic Substance Act.

(2.) Case of the prosecution, in brief, is that, on 25/12/2020, at about 9.25 hours, when police was checking the vehicle at Padampur Road, Basna Check Barrier, they intercepted one motorcycle bearing No.OD25-J-1378 and during the course of checking, they have recovered 5.990 Kgs. of Ganja in a motorcycle. On the basis of seizure of contraband Ganja, aforementioned crime was registered against the present applicant.

(3.) Shri Shivendu Pandya, learned counsel for the applicant submits that applicant has been falsely implicated in the case. He submits that quantity of Ganja allegedly recovered from the possession of applicant is less than commercial quantity. He further submits that the applicant is in jail since 25/12/2020 and there is no other criminal antecedent of similar nature of offence against the present applicant, hence, he may be enlarged on bail.