Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:14580
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 422 of 2025 Ramprasad Nayak S/o Shri Hiralal Nayak Aged About 39 Years R/o Housing Board Colony, Raipur, Tehsil And District Raipur Chhattisgarh.
...Applicant versus State of Chhattisgarh Through Police Station Pandri, District Raipur Chhattisgarh.
... Non-applicant For Applicant : Mr. Shubhank Tiwari, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 26.03.2025
1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 03/2025, registered at Police Station Pandri, District Raipur (C.G.) (Pandri Mova wrongly mentioned in impugned order) for alleged commission of offence punishable under Section 20-B of Narcotic Drugs and Psychotropic Substance Act.
2. As per the case of the prosecution, after getting the secret information about selling of psychotropic substance i.e. Ganja on 02.01.2025, the PREETI KUMARI Digitally signed by PREETI KUMARI
2 raid was performed. It was also alleged that out of two accused, one ran away from spot and the person who was arrested. The person who was arrested is Mohan Nayak from whose possession 10.900 K.G. of Ganja was recovered. Thereafter his memorandum was recorded and he reveals the name of present applicant and stated that he ran away from the spot. Hence, the FIR was lodged.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and he has not committed any offence. He further submits that only on the basis of memorandum the name of the applicant was added as accused, therefore, he prays for grant of anticipatory bail to the applicant.
4. On the other hand learned State counsel opposes the application for grant of anticipatory bail to the applicant.
5. Recently the Supreme Court in the matter of Anarul SK v. The State of West Bengal {SLP (Crl.) No(s). 12621/2024 has observed that the grant of anticipatory bail in cases involving Narcotic Drugs and Psychotropic Substances (NDPS) is a very serious issue.
6. In the light of observation made by the Supreme Court in Anarul SK (supra), I do not find any good ground to entertain this anticipatory bail application. Accordingly, the present anticipatory bail application is dismissed. Sd/-
(Ramesh Sinha)
Chief Justice Preeti