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2025 DAILYLAW 10704 (CHH)

MITHLESH PATEL v. STATE OF CHHATTISGARH

MCRC/1618/2025 · 2025-03-20

body2025

Judgment text

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1 2025:CGHC:13377 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1618 of 2025 Mithlesh Patel S/o Jeedhan Patel Aged About 21 Years R/o Bilaspur, Khamtarai, Rani Durgawati Nagar, Ward No.-58, Police Station - Sarkanda , District - Bilaspur (C.G.) ...Applicant versus State Of Chhattisgarh Through - Station House OfÏcer, Police Station- Keshkal, District -Kondagaon (C.G.) ...Non-applicant For Applicant : Mr. Goutam Khetrapal, Advocate For Non-applicant : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.03.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 160/2024 registered at Police Station Keshkal, District Kondagaon (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2 2. The prosecution's case, in brief, is that on 08.11.2024 the Police of Police Station, Keshkal received information through informant to the effect that the accused persons are carrying cannabis for sale. On the basis of said information, the police personnel conducted raid and allegedly recovered 56.890 kg. cannabis from Toyota Car bearing Registration No. CG-04-PH-5111 from the joint possession of the applicant and co-accused Vivek Shang. Accordingly the offence U/s 20(B) of NDPS Act has been registered and the applicant & co-accused have been arrested. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the said contraband article was not recovered from the possession of the present applicant. He further submits that the present applicant has been in jail since 08.11.2024. He would further submits the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. On the other hand, the learned Panel Lawyer opposes the bail application and submits that the charge-sheet has not been filed in the present case before the competent Court. He submit that 56.890 kg. cannabis from Toyota Car bearing Registration No. CG-04-PH-5111 from the joint possession of the applicant and co-accused Vivek Shang. As such, the present applicant is not entitled to be released on bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature of offence and also considering the quantity of contraband, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant – Mithlesh Patel, involved in Crime No. 160/2024 registered at Police Station Keshkal, District Kondagaon (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice H.Ansari HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.03.22 10:56:10 +0530