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Judgment
Goutam Bhaduri, J
This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been
arrested on 14.08.2017 in connection with Crime No. 340/2017 registered at Police Station City Kotwali, Bilaspur (CG) for the offence punishable
under Section 22 (G) of the NDPS Act.
As per the prosecution case, on 14.08.2017 from the possession of the applicant and the other co-accused persons narcotic substance was found
and from the present applicant 1000 Nitrogen tablets and 1440 tablets of Spasmo tablets were found, which were containing the psychotropic
substance.
Learned counsel for the applicant submits that there is gross violation of Section 52 (2) of the NDPS Act and the applicant has been falsely
implicated and even in the Malkhana no inventory was prepared, therefore, the applicant may be released on bail.
Per contra, learned State counsel opposes the prayer for grant of bail.
Perusal of the record shows that before the trial Court as many as 12 witnesses have been examined, therefore, at this stage evaluating the
statement of the witnesses would amount to usurpting the power of the trial Court while hearing the bail and it is for the trial Court to consider the
merits of the case. Under the circumstances and considering the progress of the trial and the nature of the allegation, I am not inclined to release the
applicant on bail.
Accordingly, the bail application is dismissed.