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2025 DAILYLAW 14993 (CHH)

SATISH AGARWAL v. STATE OF CHHATTISGARH

MCRC/2459/2025 · 2025-03-27

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Judgment text

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1 2025:CGHC:14808 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2459 of 2025 Satish Agarwal S/o Hanuman Prasad Aged About 42 Years R/o- Kabir Nagar, Bhuiya Talab, Ambedkar Chowk, Police Station - Kabir Nagar District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Mandir Hasaud, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Ali Afzaal Mirza, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.03.2025 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 applicant who has been arrested in connection with Crime No. 566/2024 registered at Police Station– Mandir Hasaud, 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 – Mandir Hasaud, District- Raipur, (C.G.), had received secret RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 information from the informant and on the basis of the said information conducted a raid and seized total 50 Kgs 300 GMS 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 has only 01 previous criminal antecedent under the IPC and he is in jail since 10.08.2024 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 applicant and submits that the quantity of contraband article i.e. total 50 Kgs 300 GMS Ganja from the possession of the present applicant, which is much above the commercial quantity and the present applicant has 01 previous criminal antecedent under the IPC, 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 50 Kgs 300 GMS Ganja 3 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 – Satish Agrawal, involved in Crime No. 566/2024 registered at Police Station– Mandir Hasaud, 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