MCRC/7533/2023 of Johanlal Nirmalkar Vs STATE OF CHHATTISGARH on 21 December 2023

1. This is the first bail application filed under Section 439 of the Code ofCriminal Procedure, 1973 for grant of regular bail to the applicant whohas been arrested in connection with Crime No. 232/2023 registered atPolice Station Ambagarh Chowki, District- Mohla Manpur AmbagarhChowki (C.G.), for the offence punishable under Section 20(A) ofNarcotic Drugs and Psychotropic Substance Act, 1985.Criminal Procedure, 1973 for grant of regular bail to the applicant whohas been arrested in connection with Crime No. 232/2023 registered atPolice Station Ambagarh Chowki, District- Mohla Manpur AmbagarhChowki (C.G.), for the offence punishable under Section 20(A) ofNarcotic Drugs and Psychotropic Substance Act, 1985.

2. Case of the prosecution, in brief, is that the Police of Police StationAmbagarh Chowki, District- Mohla Manpur Ambagarh Chowki (C.G.)has received a secret information from the informant and on the basisAmbagarh Chowki, District- Mohla Manpur Ambagarh Chowki (C.G.)has received a secret information from the informant and on the basis of said information, the Police conducted a raid and seized 03 cannabisplant total weighing 2.728 kg from the possession of the applicant.Thereafter, the case has been registered against the applicant.

3. It has been argued by Mr. Sumit Shrivastava, learned counsel for theapplicant that the applicant has been falsely implicated in this case and2.728 Kg Cannabis was not seized from the exclusive possession ofthe applicant. He further submits that that prosecution agency has notfollowed the provisions under Section 42 of the NDPS Act and nottaken search warrant from the superior authority. He also submits thatfrom the possession of the applicant intermediate quantity of thepsychotropic substance has been seized, and therefore, it will notattract the rigors of Section 37 of the NDPS Act as the commercialquantity of ganja as prescribed under the schedule is more than 20 kgsand from the possession of the applicant only 2.728 Kg Ganja hasbeen seized. It is further submitted by the learned counsel for theapplicant that the applicant has no criminal antecedents and he in jailsince 19.09.2023 and the conclusion of the trial is likely to take quitelong time. Therefore, he prays for grant of regular bail to the applicants.applicant that the applicant has been falsely implicated in this case and2.728 Kg Cannabis was not seized from the exclusive possession ofthe applicant. He further submits that that prosecution agency has notfollowed the provisions under Section 42 of the NDPS Act and nottaken search warrant from the superior authority. He also submits thatfrom the possession of the applicant intermediate quantity of thepsychotropic substance has been seized, and therefore, it will notattract the rigors of Section 37 of the NDPS Act as the commercialquantity of ganja as prescribed under the schedule is more than 20 kgsand from the possession of the applicant only 2.728 Kg Ganja hasbeen seized. It is further submitted by the learned counsel for theapplicant that the applicant has no criminal antecedents and he in jailsince 19.09.2023 and the conclusion of the trial is likely to take quitelong time. Therefore, he prays for grant of regular bail to the applicants.

4. On the other hand, Mr. Jitendra Pali, learned Deputy Advocate Generalappearing for the State/non-applicant would oppose the bail applicationand submit that the charge-sheet has been filed in the present casebefore the competent Court. He further submits that from thepossession of the applicant 2.728 Kg Cannabis was seized, therefore,the present applicant is not entitled for grant of bail. appearing for the State/non-applicant would oppose the bail applicationand submit that the charge-sheet has been filed in the present casebefore the competent Court. He further submits that from thepossession of the applicant 2.728 Kg Cannabis was seized, therefore,the present applicant is not entitled for grant of bail.

5. I have heard learned counsel appearing for the parties and perused thecase diary.case diary.

6. Taking into consideration the facts and circumstances of the case thatthe applicant has no criminal antecedent and the contraband article i.e.2.728 Kg Cannabis which is less than commercial quantity and alsoconsidering the fact that the charge-sheet has been filed in the presentcase, this Court is of the view that the applicant is entitled to bereleased on bail in this case.the applicant has no criminal antecedent and the contraband article i.e.2.728 Kg Cannabis which is less than commercial quantity and alsoconsidering the fact that the charge-sheet has been filed in the presentcase, this Court is of the view that the applicant is entitled to bereleased on bail in this case.

7. Let the Applicant-Johanlal Nirmalkar involved in Crime No. 232/2023registered at Police Station Ambagarh Chowki, District- Mohla ManpurAmbagarh Chowki (C.G.), for the offence punishable under Section20(A) of Narcotic Drugs and Psychotropic Substance Act, 1985, bereleased on bail on their furnishing personal bond with two suretiesin the like sum to the satisfaction of the Court concerned with thefollowing conditions:-registered at Police Station Ambagarh Chowki, District- Mohla ManpurAmbagarh Chowki (C.G.), for the offence punishable under Section20(A) of Narcotic Drugs and Psychotropic Substance Act, 1985, bereleased on bail on their furnishing personal bond with two suretiesin the like sum to the satisfaction of the Court concerned with thefollowing conditions:-

(i) The applicant shall file an undertaking to theeffect that he shall not seek any adjournment onthe dates fixed for evidence when the witnessesare present in court. In case of default of thiscondition, it shall be open for the trial court to treatit as abuse of liberty of bail and pass orders inaccordance with law.

(ii) The applicant shall remain present before thetrial court on each date fixed, either personally orthrough his counsel. In case of his absence,without sufficient cause, the trial court mayproceed against him under Section 229-A of theIndian Penal Code.

(iii) In case, the applicant misuse the liberty of bailduring trial and in order to secure his presence,proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the courton the date fixed in such proclamation, then, thetrial court shall initiate proceedings against him, inaccordance with law, under Section 174-A of theIndian Penal Code.

(iv) The applicant shall remain present, in person,before the trial court on the dates fixed for (i)opening of the case, (ii) framing of charge and (iii)recording of statement under Section 313 Cr.P.C.If in the opinion of the trial court absence of theapplicant is deliberate or without sufficient cause,then it shall be open for the trial court to treat suchdefault as abuse of liberty of bail and proceedagainst her in accordance with law.before the trial court on the dates fixed for (i)opening of the case, (ii) framing of charge and (iii)recording of statement under Section 313 Cr.P.C.If in the opinion of the trial court absence of theapplicant is deliberate or without sufficient cause,then it shall be open for the trial court to treat suchdefault as abuse of liberty of bail and proceedagainst her in accordance with law.

8. However, this Court hopes and trusts that the trial Court shall make anearnest endeavour to conclude the trial expeditiously from the receiptof this order in accordance with law, if there is no legal impediment.earnest endeavour to conclude the trial expeditiously from the receiptof this order in accordance with law, if there is no legal impediment.

9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

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(Ramesh Sinha) Chief Justice

Kunal