DHARMENDRA GENDLE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This second application under Sec. 439 of the Code of Criminal Procedure has been filed by the applicant who is in custody in connection with Crime No. 757/2022 registered at PS Civil Lines, Bilaspur, District Bilaspur, CG for the offence punishable under Ss. 21, 22 and 29 of the NDPS Act. The first application being MCRC No. 9377/2022 was dismissed on merits, vide order dtd. 30/11/2022.

(2.) Case of the prosecution in short is that the applicant was found in illegal possession of 108 pieces of Onrex Syrup, and thereby committed the offence alleged.

(3.) Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. According to the counsel for the applicant, there is no recovery at the instance of the applicant, that he has been arrested after two months on the memorandum of co-accused who is his wife and that though there is criminal antecedent against him but at that time he was a juvenile and therefore the provisions of Sec. 37 of the NDPS Act would not be attracted. He further submits the seizure witnesses have been examined but not supported the case of the prosecution. He further submits that the applicant is in jail since 12/9/2022, and that the trial may take some time for conclusion, therefore, he may be released on bail.