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2025 DAILYLAW 13413 (CHH)

HARNAM SINGH @ KALLU v. STATE OF CHHATTISGARH

MCRC/2141/2025 · 2025-03-18

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Judgment text

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1 2025:CGHC:12908 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2141 of 2025 Harnam Singh @ Kallu S/o Lt. Chhatarpal Singh Aged About 26 Years R/o Kukurbeda, Near Gurudwara, Saraswati Nagar, Distt. Raipur, C.G. ... Applicant versus State of Chhattisgarh Through P.S. Saraswati Nagar, District - Raipur (C.G.) ... Non-Applicant For Applicant : Ms. Ruchi Nagar, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.293/2023, registered at Police Station: Saraswati Nagar, District - Raipur (C.G.) for the offences punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution story, is that on 20.10.2023, the police of police station Saraswati Nagar received a secret information from the PREETI KUMARI Digitally signed by PREETI KUMARI 2 informant, police seized 273.28 grams of Tramadol Spasmo-Proxyvon Plus from possession of applicant. Hence, the crime has been registered against the applicant. 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 there is no seizure from the possession of the applicant, the prosecution has examined the material witnesses i.e. the seizure and arrest witnesses who have turned hostile and have not supported the case of prosecution. Further, the applicant is in jail since 20.10.2023 and the applicant has one criminal antecedent which is pending. 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 273.28 grams of Tramadol Spasmo-Proxyvon Plus has been seized from the possession of the applicant, 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. 273.28 grams of Tramadol Spasmo-Proxyvon Plus, which is much more than the commercial quantity, and the applicant has 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 – Harnam Singh @ Kallu involved in Crime No.293/2023, registered at Police Station: Saraswati Nagar, District - Raipur (C.G.) for the offences 3 punishable under Section 22(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