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2025 DAILYLAW 12993 (CHH)

RAVINDRA KOL (GOUTIYA) v. STATE OF CHHATTISGARH

MCRC/2112/2025 · 2025-03-18

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Judgment text

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1 2025:CGHC:12844 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2112 of 2025 1. Ravindra Kol (Goutiya) S/o Late Radhlal Aged About 28 Years R/o Ranjhi Jabalpur District- Jabalpur (M.P.) 2. Shubham Kol S/o Bhailal Kol Aged About 28 Years R/o. Damonaka Jabalpur, District- Jabalpur (M.P.) ... Applicants versus State of Chhattisgarh Through - The Police Station G.R.P. District- Bilaspur (C.G.) ... Non-applicant For Applicants : Mr. Vivek Kumar Gupta, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, 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 applicants who have been arrested in connection with Crime No. 87/2024 registered at Police Station–G.R.P. Bilaspur, District – Bilaspur (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.19 10:52:39 +0530 2 2. Case of the prosecution, in brief, is that the Police of Police Station– G.R.P. Bilaspur, District – Bilaspur (C.G.) had received secret information from the informant and on the basis of the said information conducted a raid and 9 Kgs of Ganja were seized from the possession of the applicant No. 01 and 15 Kgs of Ganja were seized from the possession of the applicant No. 02. Thereafter, the Police has registered the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case and the alleged contraband article were not seized from the possession of the present applicants. He also submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He further submits that the present applicants have been in jail since 23.06.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge- sheet has already been submitted before the competent Court in the present case. She further submits that the quantity of contraband article i.e. 24 Kgs of Ganja, were recovered from the joint possession of the present applicants, which is much above the commercial quantity and as such, the applicants are not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused 3 the case diary. 6. Considering the facts and circumstances of the case and further the fact that the contraband article which has been seized from the joint possession of the present applicants is much above the commercial quantity and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicants – Ravindra Kol (Goutiya) and Shubham Kol, involved in Crime No. 87/2024 registered at Police Station–G.R.P. Bilaspur, District – Bilaspur (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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek