LAVI KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicants have been arrested in connection with Crime No.09/2022 registered at Police Station - Borai, District - Dhamtari (CG) for alleged commission of offences under Sec. 20 (B) of Narcotics Drugs and Psychotropic Substance Act, 1985 {for short NDPS Act}.

(2.) Case of the prosecution in brief is that on 01/04/2022 while on duty at check post barrier, while checking the vehicles, the applicants were found carrying 27 packets weighing about 90.800 kgs of contraband (ganja) in white colour Mahindra XUV vehicle bearing registration number UP 12 BF 4632. After primary checking at the check post, the applicants were taken into custody and thereby offence as stated above was registered against them.

(3.) Learned senior counsel for the appellant submits that there are 3 accused persons arrested in the aforesaid offence. Two of them namely Lavi Kumar and Gaurav Rathi are before this Court seeking for grant of regular bail. He submits that though alleged seizure of contraband is in the commercial quantity, however, investigation is complete, charge sheet has already been filed, the applicants are in jail since 01/04/2022 and trial has not concluded yet. He submits that during the proceedings of seizure of contraband, there were gross violation of the mandatory standing order No.1 of 1989 particularly clause no.2.2, 2.3, 2.4 and 2.5.