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2025 DAILYLAW 14261 (CHH)

TOSHAN VISHWKARMA @ RAJA v. STATE OF CHHATTISGARH

MCRC/2270/2025 · 2025-03-21

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Judgment text

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1 2025:CGHC:13699 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2270 of 2025 1 - Toshan Vishwkarma @ Raja S/o Sarda Prasad Vishwkarma Aged About 32 Years R/o Ward No. 15 Gajan, Thana- Rampur Badhelan District- Satna (M.P.) 2 - Vijay Kumar Vishwkarma S/o Ramji Vishwkarma Aged About 36 Years R/o Village Rathari, Thana- Civil Line Rewa, District- Rewa (M.P.) ... Applicants versus State of Chhattisgarh Through- Station House OfÏcer, Police Station- Borai, District- Dhamtari (C.G.) ... Non-applicant For Applicants : Ms. Anjali Pradhan, Advocate For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.03.2025 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. 01/2024 registered at Police Station– Borai, District- Dhamtari (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police Station – Borai, District- Dhamtari (C.G.), had received secret information RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 from the informant and on the basis of the said information conducted a raid and seized total 53 Kgs contraband article Ganja from the joint possession of the present applicants. Thereafter, the Police has registered the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicants. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case and the alleged contraband article was not recovered from the joint possession of the present applicant and no any contraband article has been seized from the applicants. She further submits that both the applicant have no any previous criminal antecedent. She further submits that the present applicants are in jail since 09.01.2024 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 quantity of contraband article i.e. total 53.00 kgs Ganja from the 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 the case diary. 6. Considering the facts and circumstances of the case and further the fact that the contraband article i.e. total 53.00 kgs Ganja from the 3 joint possession of the present applicants, 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 applicants – Toshan Vishwkarma @ Raja and Vijay Kumar Vishwkarma, involved in Crime No. 01/2024 registered at Police Station– Borai, District- Dhamtari (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 Rahul Dewangan