1 2025:CGHC:10191-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 759 of 2025 Pramod Sharma @ Pappu Mahraaj S/o Shri Onkarnath Sharma Aged About 64 Years R/o Lodhipur Mohalla, Jamaniya Kasba, Police Station Jamaniya, District Gajipur, (Uttar Pradesh) ... Petitioner versus State Of Chhattisgarh Through Police Station Jarhagaon, District Mungeli, Chhattisgarh ... Respondent For Petitioner : Mr.Ashutosh Trivedi, Advocate For Respondent : Mr.Shailendra Sharma, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 03/03/2025 1. Heard Mr.Ashutosh Trivedi, learned counsel for the petitioner as well as Mr.Shailendra Sharma, learned Panel Lawyer appearing for the respondent/State. BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.03.03 17:48:01 +0530 2 2. By this petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, the petitioner has prayed for the following relief(s): “I. That, the Hon'ble Court may kindly be pleased to allow the instant petition under section 528 of B.N.S.S. 2023 filed by the petitioner, in the ends of justice. II. That, Hon'ble Court may kindly be pleased to quash the Special Case No. 01/2025, pending before the learned Special Court (N.D.P.S. Act), Mungeli, Chhattisgarh for offences under section 22(B) of Narcotic Drugs And Psychotropic Substances, Act, 1985, in the ends of justice. III. That, Hon'ble Court may kindly be pleased to quash entire criminal proceedings bearing Special case No.01/2025 before the learned Special Court (N.D.P.S. Act), Mungeli, Chhattisgarh, in the ends of justice. IV. That, the Hon'ble court may kindly be pleased to quash the charge framed against the petitioner vide order dated 27/01/2025 by the Special Court (N.D.P.S. Act), Mungeli, Chhattisgarh. (ANNEXURE A/1), in the ends of justice. V. That the Hon'ble court may kindly quash the Charge sheet No 03/2025 filed on 06/01/2025 before the learned Special Judge N.D.P.S. Act, Mungeli, Distt. Mungeli against the petitioner, in the ends of justice. VI. That the Hon'ble court may kindly quash the FIR bearing no. 185/2024 dated 13/10/2024 before the Police Station Jarhagaon, District Mungeli, Chhattisgarh, in the ends of justice. VII. That, the Hon'ble Court may kindly grant any other reliefs in favour of the petitioner, which the Hon'ble Court 3 deemed fit & just in the facts and circumstances of the case, in the interest of justice.” 3. The story of the prosecution as revealed from the charge-sheet is that a secret information was received on 13.10.2024 by the Police Station Jarhagaon, District Mungeli to the effect that some person are transporting illegal substances / contraband and are travelling from Ambikapur to Mingeli. On receiving the said information, the police came into action and sent the information to the Deputy Superintendent of Police Pathariya, Mungeli but as he was not available and the chances of fleeing of the accused persisted, the police had conducted the raid and in the said raid they saw the vehicle No. CG 28 K 4790 coming towards Mungeli as per the secret information received earlier. The police had stopped the car and on search has found total 46 gms of brown sugar in the car which was seized from 5 persons namely Anand @ Bhuru Yadav, Sunil Jaiswal, Yuvraj Shrivas, Priyanshu Gupta and Sandeep Goswami. On further investigation it was informed that the petitioner had supplied the said contraband to other co- accused and on receiving the said information the police has arrested the present petitioner in the alleged commission of crime. 4. The charges against the petitioner was framed by learned Special Court (N.D.P.S. Act), Mungeli vide order dated 27.01.2025. Being aggrieved by the order passed by the trial Court by way of framing of charge and registration of FIR in the Police Station Jarhagaon, District Mungeli, the petitioner has filed the present petition. 4 5. Learned counsel for the petitioner submitted that the petitioner is not named in the FIR and his name has come into light on the basis of memorandum statement of the co-accused. He further submitted that charge-sheet has been submitted and the charges have been framed. He also submitted that there is no legal evidence against the petitioner for his prosecution in the present case. 6. On the other hand, learned Panel Lawyer appearing for the respondent/State has pointed out that call details of the present petitioner and co-accused have been called out, whereby it has been stated that the co-accused has gone to purchase the contraband article (brown sugar) from the petitioner. 7. We have heard learned counsel for the parties and perused the documents appended with petition. 8. Considering the submissions of learned counsel for the parties, also considering the fact that charge-sheet has been submitted and charges have been framed against the petitioner and it appears that it is an organized crime, we do not find any good ground to entertain this petition. 9. Accordingly, the petition being devoid of merit is liable to be and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) JUDGE CHIEF JUSTICE Bablu