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2025 DAILYLAW 11876 (CHH)

SANTOSH SAHU v. STATE OF CHHATTISGARH

MCRC/1806/2025 · 2025-03-06

body2025

Judgment text

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1 2025:CGHC:11232 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1806 of 2025 Santosh Sahu S/o Gopal Sahu Aged About 35 Years R/o Village - Partewa, Police Station - Rajim, District - Gariyaband Chhattisgarh Present Address - C/o Punit Ram, Bazar Chowk, Mathpara Kachna, Thana, Khamhardih, Raipur Distt. Raipur Chhattisgarh … Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Purani Basti, Raipur, District – Raipur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Krishna Kumar Dewangan, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.406/2024, registered at Police Station:Purani Basti, Raipur, District – Raipur (C.G.) for the offences punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution story, is that on 30.09.2024, the Police of Police PREETI KUMARI Digitally signed by PREETI KUMARI 2 Station Purani Basti, District Raipur had received a secret information from the informant and on the basis of the said information conducted a raid and allegedly seized 40 kg contraband (ganja) from the possession of the present applicant. Consequently, the Police registered an offence punishable under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the alleged cannabis has not been recovered from exclusive possession of the applicant, the co-accused, namely, Neeraj Tamrakar has already been rejected by this Court vide order dated 31.01.2025 passed in MCRC No. 867/2025, further the charge- sheet has been filed. The applicant is in jail since 30.09.2024. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the quantity of 40 kg contraband (ganja) has been seized from the possession of the applicant, which is much more than the commercial quantity. Further, the co-accused, namely, Neeraj Tamrakar has already been rejected by this Court vide order dated 31.01.2025 passed in MCRC No. 867/2025, the charge-sheet has been submitted. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that quantity of contraband article i.e. 3 40 kg contraband (ganja), which is much more than the commercial quantity and further the co-accused, namely, Neeraj Tamrakar has already been rejected by this Court vide order dated 31.01.2025 passed in MCRC No. 867/2025, the charge-sheet has been submitted and the trial is in progress, the bail application of applicant – Santosh Sahu involved in Crime No.406/2024, registered at Police Station:Purani Basti, Raipur, District – Raipur (C.G.) for the offences punishable under Sections 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act , is rejected at this stage. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti