SAD AHMED QUADRI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/applicant has preferred this bail application under Sec. 439 of the Code of Criminal Procedure for releasing him on regular bail in connection with Crime No. 58/2022 registered at Police Station Kansabel, District Jashpur for commission of offence punishable under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act').

(2.) Case of the prosecution, in brief, is that on 25/3/2022, police of police Station-Kansabel, District Jashpur received information from the informant that applicant and accused Ankit Vishwakarma had brought huge quantity of psychotropic substance i.e. PHENSEWELL cough syrup in Xylo Vehicle bearing registration No. CG 04 KV-1744, which was owned by one Arun Bhagat. Based on above information, raid was conducted in the house and garage of Anil Vishwakarma and 460 bottles of PHENSEWELL cough syrup, each bottle containing 100 ml, have been seized from the illicit possession of accused Ankit Vishwakarma. Based on above facts, present crime under Sec. 21(c) of the NDPS Act has been registered against the applicant and accused Ankit Vishwakarma and they were arrested on 25/3/2022.

(3.) Learned counsel appearing for the applicant submits that applicant is innocent person and he has been arrayed as accused in the present case only on the basis of secret information received from the informant. No seizure of alleged psychotropic substance or any article has been made from the applicant, which could connect the applicant with the present crime in question. He submits that neither the applicant is owner of the alleged vehicle, in which psychotropic substance was brought, nor he is the driver or any employee of owner of the alleged vehicle. He further submits that applicant is in custody since 25/3/2022; charge-sheet has already been filed and conclusion of the trial is likely to take considerable time, hence, the applicant may be enlarged on bail.