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Judgment
Narendra Kumar Vyas, J
The applicant has preferred this Third Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 61/2023, registered at Police Station Odagi, District-Surajpur (C.G.) for the offence punishable under Section 20(b)(ii)(B), 20(b)(ii)C, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the ‘NDPS Act’).
The First Bail application preferred by the applicant bearing MCRC No. 4330 of 2024 has been dismissed as withdrawn on 29.07.2024 and Second Bail application of the applicant has also been dismissed as withdrawn on 25.11.2024 in MCRC No. 8127 of 2024.
The prosecution story, in brief, is that, on the date of incident, Police Officer received information from the informant that unknown person has kept contraband ganja for selling and police have seized 21 kg contraband ganja from place of incident and as a result thereof, Police has registered offence punishable under Section 20(b)(ii)(B), 20(b) (ii)C, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act.
Learned counsel for the applicant would submit that the applicant has been falsely implicated in the crime in question as there is no such material available on record to prove that he has committed the afore-stated offence. He would further submit that contraband Ganja has not been seized from possession of the applicant and most of the witnesses examined by the prosecution have also not supported the case of the prosecution. He would further submit that earlier statement of some witnesses have been recorded wherein seizure witnesses have not supported the case of the prosecution but later on one of the co-accused namely Sahdev has been arrested on 02.06.2025. He would further submit that again the matter is fixed for argument on charge in the case on 06.08.2025 as such it will take longer time to conclude the trial. He would further submit that the applicant is in jail since 17.10.2023 and trial is likely to take some time, therefore he would pray for allowing the bail application.
On the other hand, learned State counsel opposing the submission would submit that there is sufficient material placed on record to show that the applicant was involvement in the crime in question. He would further submit that the entire contraband Ganja has been seized on the basis of memorandum statement of co-accused Mahadev, which would prima facie establish that the applicant is the main accused who has played vital role in the commission of offence and would pray for rejection of the bail application.
I have heard learned counsel for the parties and perused the case diary.
Considering the submission that the applicant has been arrested for commission of offence under NDPS on having possession of the alleged contraband which is more than commercial quantity, therefore, I am of the view that this is not a fit case where the applicant should be enlarged on bail.
Accordingly, the instant bail application is rejected.
The concerned trial court is directed to expedite the trial.