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Judgment
W.A. Shishak, C.J.—Heard.
The applicant has been arrested by the Rajhara Police District Durg on 22-10-2000 in connection with an offence u/s 20 of the N.D.P.S. Act, 1985 and he has been in judicial custody since 23-10-2000. Charge-sheet was submitted on 16-11-2000.
Learned counsel representing the State is unable to give the actual progress and trial of the case registered as Special Case No. 15/2000 and is now pending before Special Judge at Durg. If found guilty, the applicant will be sentenced upto 5 years RI and also to pay fine. The case of prosecution is that contraband Ganja weighing 3 Kgs. and 8 live plants were recovered from the possession of the applicant. It is, therefore, submitted that since prima facie case is established, the applicant should not be granted bail during pendency of the trial where there is involvement of contraband articles. It is also further submitted that applicant being a resident within the territory of the District of Durg, he is firmly rooted in society and there is no likelihood of his absconding if he is enlarged on bail. It is also submitted that the applicant is only earning member of family.
Taking various factors into consideration, this petition is allowed and the applicant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs. 15,000/- with one surety in the like amount to the satisfaction of Trial Court/Special Court for his appearances before the said Court.
Certified copy today.
Misc. Criminal Case allowed.