PRABHAS RANJAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the second bail application filed by the Applicants under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as they have been arrested on 3/1/2022 in connection with Crime No. 02/2022, registered at Police Station- Darbha, District Bastar(CG) for the offence punishable under Sec. 20(b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'NDPS Act'). First bail application of the Applicants was rejected vide order dtd. 29/8/2022 in MCRC No.5953 of 2022.

(2.) Case of the prosecution, in brief, is that on 2/1/2022, a secret information was received by the Station House Officer, Darbha, District Bastar that the Applicants have kept the contraband article(ganja) in their vehicle, i.e. Ford Ecosport Car bearing registration No.OD-02-P-4955 and based upon the said information, a search was made by the Police and recovered 113.490 kilograms ganja from their joint possession and accordingly the offence, mentioned herein above has been registered while arresting them on 3/1/2022.

(3.) Learned counsel appearing for the Applicants submit that the Applicants are innocent and have been falsely implicated in connection with the aforesaid crime as the same has been registered without following the mandatory provisions of the NDPS Act and, contended further that after the rejection of their first bail application, the attesting witnesses to the seizure memo have been examined, but they have not supported the prosecution story and, therefore, the Applicants who are in jail for more than 1 year, may be enlarged on bail.