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2025 DAILYLAW 12123 (CHH)

RAJESH SAHU v. STATE OF CHHATTISGARH

MCRC/1921/2025 · 2025-03-07

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Judgment text

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1 2025:CGHC:11477 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1921 of 2025 Rajesh Sahu S/o Dhannulal Sahu Aged About 35 Years R/o Saubhagya Nagar, A /25, Near Durga Temple, Hujur Police Station, Ashoka Garden, Bhopal District Bhopal Madhya Pradesh ... Applicant versus State Of Chhattisgarh Through Police Station Singhoda District Mahasamund Chhattisgarh ... Respondent For Applicant : Shri Arvind Shrivastava, Advocate. For Respondent/State : Shri Keshav Prasad Gupta, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/03/2025 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. 81/2024 registered at Police Station Singhoda, District Mahasamund (C.G.), for the offence punishable GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.10 19:27:57 +0530 2 under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 16/07/2024, the Police of Police Station Singhoda, District Mahasamund (C.G.) was on patrolling and has received secret information from the informant that in a white vehicle (Chhota Hathi) No.MP-04-LD-8429 Ganja is under transportation from Orissa towards Chhattisgarh and on the basis of such information, the Police intercepted the vehicle and seized 25 kg Ganja from the possession of applicant. Thereafter, the case has been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 16/07/2024. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would submit that conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/respondent 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 25 kg Ganja recovered from the possession of the applicant, which is above the commercial quantity and as such, the 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. From perusal of the case diary, it transpires that the contraband article Ganja which has been seized from the possession of the applicant is 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 Rajesh Sahu, involved in Crime No. 81/2024 registered at Police Station Singhoda, District Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 forthwith. - Sd/-- Sd/- (Ramesh Sinha) Chief Justice gouri