Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 12967 (CHH)

PRADEEP PATRO v. STATE OF CHHATTISGARH

MCRC/2039/2025 · 2025-03-18

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:12841 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2039 of 2025 Pradeep Patro S/o Shri Kaviraj Patro Aged About 35 Years R/o Village- Janbai, Badpada, P.S. Peparmetla, Tahsil Malkangiri, District- Malkangiri Orissa (Detail Of The Applicant Has Not Mentioned In Annexure A-1) ... 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 : Ms. Monika Thakur, 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 Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 169/2024 registered at Police Station Nagarnar, District - Bastar (C.G.), for the offence punishable under Section 20(b)ii(c) 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 that unknown persons have transported KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 illegal contraband article for the purpose of sell and upon such basis, the concerned police ofÏcials intercepted the accused persons and have seized 113.00 Kgs of contraband Ganja from the possession of the applicant allong with co-accused persons. Thereafter, the case has been registered against the accused. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the contraband ganja has been seized from the possession of the co-accused not from the applicant and there is no exclusive possession of the seizure memo proved by the prosecution as per seizure witnesses. He further submits that the applicant was not present on the spot and he has been made accused only the basis of memorandum statement of the co- accused person and he is in jail since 20.08.2023 and in the present case, charge-sheet has filed before the competent Court and the 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/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the quantity of contraband article i.e. 113.00 kgs of Ganja recovered from the possession of the applicant, is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. From perusal of the case diary, it appears that the quantity of contraband article which is said to have been recovered from the possession of the applicant, is much above the commercial quantity and the applicant has failed to give an explanation regarding the said recovery, which was recovered from his Swift Dezire Car and it cannot be a case of false implication hence, this Court is of the view that it is not a fit case to release the applicant on bail. 7. Accordingly, the bail application of the applicant – Pradeep Patro filed under Section 483 of the B.N.S.S., involved in Crime No. 169/2024 registered at Police Station Nagarnar, District - Bastar (C.G.), for the offence punishable under Section 20(b)ii(c) 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 Kunal