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2025 DAILYLAW 12817 (CHH)

AJAY KAKAD v. STATE OF CHHATTISGARH

MCRC/2138/2025 · 2025-03-18

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Judgment text

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1 2025:CGHC:12910 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2138 of 2025 1. Ajay Kakad S/o Late Mohan Lal Kakad, Aged About 23 Years, Resident of Village Sarwarpur, P.S. Bhattu, Kala, District -Fatehabad Haryana 2. Anil Kumar S/o Shri Subhash Kumar, Aged About 22 Years, Resident of Village Sarwarpur, P.S. Bhattu, Kala, District Fatehabad Haryana ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Nagarnar District Bastar (C.G.) ... Non-Applicant For Applicant : Mr. Vinod Kumar Tekam, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.03.2025 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.30/2025, registered at Police Station: Nagarnar District Bastar (C.G.) for the offences punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. PREETI KUMARI Digitally signed by PREETI KUMARI 2 2. As per the prosecution story, is that the concerned police station Nagarnar received secret information through the informant that on the date of incident, unknown persons have kept illegal contraband ganja in their vehicle to sale and police has seized 26.132 Kgs contraband Ganja from place of incident at open place and as a result thereof, police has registered the crime against the applicant. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and has been falsely implicated in this case. It is further submitted that there is no exclusive possession of the seizure memo have not proved by the prosecution as per seizure witnesses and the police have not seized any illegal contraband ganja from the possession of the present applicants, further the charge-sheet has not been filed. The applicants are in jail since 09.02.2025. 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 26.132 Kgs contraband Ganja has been seized from the possession of the applicant, which is much more than the commercial quantity. Further, the charge-sheet has not 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. 26.132 Kgs Ganja, which is much more than the commercial quantity and and the applicant has failed to give any explanation for the same 3 and it cannot be said to be a case of false implication, further the charge-sheet has not been submitted, accordingly, the bail application of applicant Nos. 1 and 2 – Ajay Kakad and Anil Kumar involved in Crime No.30/2025, registered at Police Station: Nagarnar District Bastar (C.G.) for the offences punishable under Section 20(b)(ii)(c) 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