Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12920
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2114 of 2025 1 - Prafull Dora S/o Banmali @ Chudamani Dora Aged About 53 Years R/o Village Gourpali, Post Uchchabahar, Police Station Agalpur, District Balangir,
(Odisha) 2 - Dileshwar Dora @ Vikas S/o Prafull Dora Aged About 30 Years R/o Village Gourpali, Post Uchchabahar, Police Station Agalpur, District Balangir, (Odisha)
... Applicant(s) versus State Of Chhattisgarh Through Station House Office, Police Station- Dongaripali, District : Sarangarh-Bilaigarh, Chhattisgarh
... Respondent(s) For Applicant(s) : Mr. Vikram Pratap, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/03/2025
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 applicants who have been arrested in AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 connection with Crime No. 70/2024 registered at Police Station Dongaripali, District : Sarangarh-Bilaigarh (C.G.), for the offence punishable under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station Dongaripali, District : Sarangarh-Bilaigarh (C.G.) seized 151.500 Kgs of Ganja from Innova Crysta bearing registration No. CG-06- GV-8111, but the driver of said vehicle fled the scene and during the course of investigation present applicants and other co- accused persons were arrested. Hence, the bail application. 3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case and they are in jail since
27.12.2024. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicants on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has not been filed in the present case before the competent Court.
He would further submit that the quantity of contraband article i.e. 151.500 Kgs of Ganja recovered from the possession of the applicants, which is much above the commercial quantity, further
3 the applicants have one criminal antecedents under the NDPS Act, as such, they are not entitled to be released on bail. 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 article which has been seized from the possession of the applicants is much above the commercial quantity, further the applicants have failed to give explanation for the same and the applicants have one criminal antecedents under the NDPS Act, it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicants-Prafull Dora and Dileshwar Dora @ Vikas, involved in Crime No. 70/2024 registered at Police Station Dongaripali, District : Sarangarh- Bilaigarh (C.G.), for the offence punishable under Sections 20(B) and 29 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. - Sd/-
(Ramesh Sinha)
Chief Justice Akhil