Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:13703
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2262 of 2025 1 - Mumtaj Ansari S/o Izaz Ansari Aged About 40 Years R/o Kamthi Pili Haveli Gondpura Kampti Nagar, Maharashtra 441002 2 - Jawed Khan S/o Marhum Tavakal Hussain Khan Aged About 54 Years R/o Kamthi Pili Haveli Gondpura Kampti Nagar, Maharashtra 441002
... Applicant(s) versus State Of Chhattisgarh Through Police Station Singhoda, District Mahasamund, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Akash Sahu, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/03/2025
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 connection with Crime No. 85/2024 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 Singhoda, District Mahasamund (C.G.), for the offence punishable under Section 20(B) 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 Singhoda, District Mahasamund (C.G.) seized 50 Kgs of Ganja from the joint possession of applicants, thereafter, offence has been registered against the applicant and subsequently they have been 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
29.07.2024. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would 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 been filed in the present case before the competent Court. She would further submit that the quantity of contraband article i.e. 50 Kgs of Ganja recovered from the joint possession of the applicants, which is much above the commercial quantity, so far as criminal antecedents of the applicants are concerned, applicants have criminal antecedents in the State of Maharashtra, as such, the applicants are 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 article which has been seized from the joint possession of the applicants is much above the commercial quantity, further the applicants have failed to give explanation for the same, so far as criminal antecedents of the applicants are concerned, applicants have criminal antecedents in the State of Maharashtra and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicants-Mumtaj Ansari and Jawed Khan, involved in Crime No. 85/2024 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. - Sd/-
(Ramesh Sinha)
Chief Justice Akhil