Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12342
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2021 of 2025 Hardip Singh Mehara S/o Hem Singh Mehara Aged About 37 Years R/o Ward No. 33 House No. 4 A, Street No. 03 Khursipar, Bhilai, Thana Khursipar, District Durg Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station (Outpost Jewara Sirsa) Pulgaon, District Durg Chhattisgarh. ... Respondent(s) For Applicant(s) : Ms. Anjali Pradham, Advocate. For Respondent(s) : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/03/2025
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 347/2024 registered at Police Station (Outpost Jewara Sirsa) Pulgaon, District Durg Chhattisgarh (C.G.), for the offence punishable under Section 20(b)ii(C) and 27(A) of the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 318(4) & 61 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 13.08.2024, as per secret information received from the informant, the Police of Police Station (Outpost Jewara Sirsa) Pulgaon, District Durg Chhattisgarh (C.G.) found the applicant in possession of 112.9 Kgs Ganja, thereafter, offence has been registered against the applicant and subsequently, applicant has been arrested. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since
18.08.2024. She would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. She would also submit that no seizure of any contraband article has been made from the applicant, further the conclusion of the trial may take quite long time. Accordingly, she prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He would further submit that the quantity of contraband article i.e. 112 Kgs of Ganja recovered from the possession of the applicant, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 3
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I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is much above the commercial quantity, further the applicant has failed to give explanation for the same and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant-Hardip Singh Mehara, involved in Crime No. 347/2024 registered at Police Station (Outpost Jewara Sirsa) Pulgaon, District Durg Chhattisgarh (C.G.), for the offence punishable under Section 20(b)ii(C) and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 318(4) & 61 of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/-
(Ramesh Sinha)
Chief Justice Akhil