M.Cr.C. No.4970/2010
21/07/2010
Shri Avinash Zargar, Advocate for the applicant.
Shri B.P.Pandey, Public Prosecutor for the
respondent-State.
Heard on IA No.11208/2010, an application for
taking additional documents on record.
Application is allowed. The documents are taken
on record.
Also heard both the parties.
The applicant is in custody in connection with
Crime No.88/2010 registered at Police Station Misrod
District Bhopal for the offence punishable under
Sections 8/20 of NDPS Act, since 10/3/2010 for
keeping 3.8 kg.
Learned counsel for the applicant submits that
the applicant is a reputed person of the society and
has no criminal past. He is in custody since 10/3/2010.
At present as many as 6 witnesses are examined in the
Court. He has filed the statements of those witnesses.
Seizure witnesses are turned hostile and are not
supporting the case. The contraband article seized
from the applicant is not of commercial nature,
therefore, looking to his custody period, he prays for
bail.
On the other hand learned Public Prosecutor for
the State opposes the application mainly on the
ground that though it is not a commercial quantity,
but it is not a case of small quantity. The applicant was
found in possession of 3.8 kg Ganja with him and that
quantity is sufficient to spoil the future of hundreds of
people. It is not a case, in which appreciation of
evidence can be done at this stage. If the seizure
witnesses are turned hostile, then still the trial Court
may rely upon the testimony of the Investigating
Officer, therefore, filing of copy of statement in the
present case is of no use, hence looking to the gravity
of offence, he may not be given bail.
After hearing aforesaid arguments and looking to
the facts and circumstances of the case particularly
the gravity of offence, I am of the opinion that this is
not a fit case in which bail may be granted to the
present applicant Shambhu Goswami. Therefore, the
application of the present applicant under Section 439
Cr.P.C is hereby rejected.
(N.K.Gupta)
Judge
Ansari