ABHISHEK KUMAR RATHORE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant has preferred this first bail application under Sec. 439 of the Cr.P.C. for grant of regular bail as he is in custody in connection with Crime No. 183/2022 registered in Police Station Gourela, District Gourela-Pendra-Marwahi, CG for offence punishable under Sec. 20(B) of NDPS Act.

(2.) Case of the prosecution in brief is that on the secrete information by the informant and on the basis of said information the police has recovered 21 Kg contraband Ganja from the possession of the present applicant, therefore, the police has registered the crime against the present applicant and other co-accused persons.

(3.) Counsel for the applicant submits that according to the prosecution 21 Kg. of cannabis was seized from the possession of the co-accused and no contraband is seized from the possession of the present applicant. The name of the present applicant has come on record on the basis of memorandum of the co-accused. Apart from this there is no evidence against the present applicant in the investigation carried out by the prosecution. He further submits that the memorandum recorded of the co-accused is not admissible against the present applicant. He refers to the judgment of Tofan Singh v. State of Tamilnadu, reported in (2021) 4 SCC 1 particularly para 155. Therefore, on the face of the charge-sheet the possibility of conviction of the present applicant is not there and provisions of Sec. 37 of the NDPS Act would not be attracted to grant the bail to the present applicant. He further submits that applicant is in jail since 26/05/2022 and he does not have any criminal antecedent, therefore, possibility of his involvement in similar nature of offence after the bail being granted is not there.