LAWS(CHH)-2022-2-50

GHANSHYAM RAI Vs. STATE OF CHHATTISGARH

Decided On February 15, 2022
Ghanshyam Rai Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Applicant has filed this third bail application under Sec. 439 of Cr.P.C. for grant of regular bail as he has been arrested in connection with Crime No. 1/2021 registered at Police Outpost-Surgi, Basantpur, District-Rajnandgaon (C.G.) for the offence punishable under Sec. 20 (B) of the NDPS Act.

(2.) Learned counsel for applicant submits that first bail application of the applicant was dismissed as withdrawn on 30/7/2021 with liberty to repeat the prayer for grant of bail after examination of material witnesses. Second bail application of the applicant was dismissed as withdrawn on 9/11/2021 as on the said date, one out of two seizure witnesses was not examined before trial Court, who was examined only on 23/12/2021.

(3.) Case of prosecution, in brief, is that on 1/1/2021, Police received secret information that some persons are transporting contraband Ganja in a car bearing registration No. MP05/CB/1464. After receiving secret information, Police reached on the informed place, intercepted aforementioned car and during search, received 65 Kgs. of contraband ganja from possession of applicant and two other co-accused persons. Based upon seizure of illicit contraband Ganja from possession of applicant and other co-accused, applicant was arrested on 1/1/2021.