Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 13263 (CHH)

SHUBHAM PADAR v. STATE OF CHHATTISGARH

MCRC/2115/2025 · 2025-03-18

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:12919 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2115 of 2025 Shubham Padar S/o Badu Padar Aged About 25 Years R/o Gopal Nagar, Maya Nagar Kumharwada, Thana Rajapet, District- Amrawati Maharastra. ... Applicant(s) versus State Of Chhattisgarh Through- P.S. Bagbahara, District Mahasamund, (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rajesh Jain, Advocate. For Respondent(s) : Mr. Hariom Rai, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 72/2024 registered at Police Station Bagbahara, District Mahasamund (C.G.), for the offence punishable under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station Bagbahara, District Mahasamund (C.G.) seized 120 Kgs of Ganja from the joint possession of applicant and another co-accused, thereafter, offence has been registered against the applicant and subsequently they were arrested. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 29.02.2024. 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 seizure witnesses turned hostile 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 would further submit that the quantity of contraband article i.e. 120 Kgs of Ganja recovered from the possession of the 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. 6. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is much above the commercial quantity, further the applicant has failed to 3 give explanation for the same and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant-Shubham Padar, involved in Crime No. 72/2024 registered at Police Station Bagbahara, District Mahasamund (C.G.), for the offence punishable under Sections 20(B) and 29 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