DHANIRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the 2nd bail application filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.153/2022 registered at Police Station Marwahi, District GourelaPendra-Marwahi (CG) for the offence under Sec. 20(b) of the NDPS Act. Earlier application has been dismissed as withdrawn vide order dtd. 19/6/2023 passed in M.Cr.C No.3600/2023.

(2.) Prosecution case is that on the basis of information received on 26/5/2022, SHO, PS Marwahi has conducted raid in the agricultural field of the present Applicant and recovered 210 kgs of ganja, which was kept in 6 number of plastic bags based on which, the aforesaid offence has been registered against him.

(3.) Learned counsel for the Applicant submits that the Applicant has been falsely implicated in the crime in question for which, he was arrested on 26/5/2022. He submits that material seizure witnesses have been examined but they have not supported the case of the prosecution. He further submits that there is non-compliance of Sec. 52A of the NDPS Act and and samples were not drawn on the spot itself before the Magistrate, which is absolutely not permissible under the law and to buttress the same, he placed reliance on Union of India vs. Mohanlal & Another reported in (2016) 3 SCC 379, Simranjit Singh vs. State of Punjab reported in 2023 SCC OnLine SC 906 and on a recent decision rendered in the matter of Mustkin vs. State of Chhattisgarh Cr.A. No.1442/2024 S.L.P (Cri.) No.1230/2024 dtd. 7/3/2024 as also on Allepu Ramesh vs. The State of Chhattsigarh, SLP (Cri.) No.2500/23 and submits that the Applicant therein, who was incarcerated for a period of more than 1 year, was enlarged on bail. He lastly submits that the trial is likely to take quite some time for its conclusion, the Applicant has no criminal past, therefore, considering all these aspects, he may be released on bail by this Court.