Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:1256
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 96 of 2025 Ruksana Khatoon W/o Lt. Salim Aged About 40 Years At- Idgaah Thakur Dwaar, Baagpat, P/s And District Baagpat, U.P.
... Applicant versus State of Chhattisgarh Through PS Tikrapara, Raipur, C.G.
... Non-applicant For Applicant : Mr. Lukesh Kumar Mishra, Advocate For Non-applicant/State : Mr. Amit Verma, Panel Lawyer Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 08.01.2025
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. 440/2024 registered at Police Station– Tikrapara, Raipur, District : Raipur (C.G.), for the offence punishable under Section 20(c) of the Narcotic Drugs and Psychotropic Substances Act,
1985.
2. Case of the prosecution, in brief, is that the Police of Police Station – Case of the prosecution, in brief, is that the Police of Police Station – Excise Circle Mahasamund, District – Mahasamund RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.09 15:36:39 +0530
2 (C.G.), had received secret information from the informant and on the basis of the said information conducted a raid and seized total 21.350 Kgs contraband article Ganja from the possession of the present applicant. Thereafter, the Police has registered the offence punishable under Section 20(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant.
3.
Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article was not recovered from the possession of the present applicant and no any contraband article has been seized from the applicant. He further submits that the applicant being a lady aged about 40 years and mother of 5, is in custody for more than 6 months and as her husband is no more, there is no one to look after her minor children. He further submits that the present applicant is in jail since 02.06.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant.
4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of contraband article i.e. total 21.350 kgs Ganja from the possession of the present applicant, which 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.
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6. Considering the facts and circumstances of the case and further the fact that the contraband article i.e. total 21.350 kgs Ganja from the possession of the present applicant, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication.
7. Accordingly, the bail application of the applicant – Ruksana Khatoon, involved in Crime No. 440/2024 registered at Police Station– Tikrapara, Raipur, District : Raipur (C.G.), for the offence punishable under Section 20(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 trail 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 Rahul Dewangan