ABHISHEK NIRMALKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) Case of the prosecution, in brief, is that on 8/1/2021, police of Police Station Gourela received secret information from the informant to the effect that some persons are transporting contraband article Ganja in Innova Vehicle bearing registration No. CG-07 M 8026 without authority of law, hence, on 9/1/2021 at about 5.30 AM, police made blockade between Jogisar and Khodri and stopped the aforesaid Innova vehicle, as a result thereof, driver and two other persons, who were sitting in the said vehicle, fled away from the spot and on being searched of said Innova Vehicle, 40 packets, each containing 5 kgs. contraband article Ganja, total 200 kgs Ganja were seized by the Police. Based on aforesaid facts, FIR under Sec. 20 (b) of the NDPS Act was lodged against driver of the aforesaid vehicle and two other persons. During course of investigation, on 9/1/2022, applicant and one Lakheshwar Sahu @ Lucky (driver of the innova vehicle) have been arrested.

(3.) Learned counsel appearing for the applicant would submit that applicant has been falsely implicated in this case, as no seizure of contraband article has been made from the exclusive possession of the applicant and seizure memo of SIM card has been falsely prepared by the police with an intention to rope the applicant. He would further submit that mandatory provisions as required under the NDPS Act has not been complied with while making seizure of the alleged Ganja; applicant is in detention since 9/1/2022 and the trial is likely to take more time for its final conclusion, therefore, the applicant may be released on bail.