Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12905
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2148 of 2025
1. Amit Singh S/o Shri Munib Singh, Aged About 26 Years R/o Village Narauli, Post Chhata, P.S. Durgavati, District Bhabhuwa, Bihar. 2. Prince Yadav S/o Shri Suresh Yadav, Aged About 21 Years R/o Village Jigna, Post Sisauda Kala, P.S. Dheena, District Chandauli, Uttar Pradesh. .. Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Nagarnar District - Bastar, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Vinod Kumar Tekam, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, 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.178/2024, 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
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2. As per the prosecution story, is that the concerned police station received a secret information through the informant that on the date of incident, unknown persons have kept illegal contraband ganja in their possession to sale and police has seized 81.005 Kgs contraband ganja from place of incident at open place and as a result thereof, police has registered the offence punishable under Section 20(b)(ii)(c) of the NDPS Act against the applicants. 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 the police have not seized any illegal contraband ganja from the possession of the applicants. Further, the applicants are in jail since 04.10.2024 and the applicants have no criminal antecedent. 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 81.005 Kgs contraband ganja has been seized from the possession of the applicants, which is much more than the commercial quantity. 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. 81.005 Kgs contraband ganja, which is much more than the commercial quantity, and the applicants have failed to give any explanation for the same and it cannot be said to be a case of false implication, accordingly, the bail application of applicant Nos. 1 and 2 –
3 Amit Singh and Prince Yadav involved in Crime No.178/2024, 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