Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:14801
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2474 of 2025 Naseem Mohammad @ Irfan S/o Abdul Munaf Aged About 33 Years R/o Gokul Nagar Chishtiya Nagar, Tikarapara, Raipur, Police Station Tikarapara, Raipur District Raipur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Office, Police Station Khallari, District – Mahasamund, Chhattisgarh. ---- Non-applicant
For Applicant : Mr. Shikhar Sharma, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 27.03.2025
1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No. 112/2024, registered at Police Station – Khallari, District – Mahasamund (C.G.) for the offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
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2. The prosecution story in brief, is that the Police of Police Station – Khallari, District – Mahasamund (C.G.) has received a secret information through the informant and on the basis of the said information, the Police authority has seized a total of 29.090 Kgs of Ganja from the possession of the co-accused person, and the applicant’s name has come into light from the memorandum statement of the co-accused person. Thereafter, the applicant was arrested and the case was registered by the Police. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 08.12.2024. 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 a total of 29.090 Kgs of Ganja from the possession of the co-accused person which is much above the commercial quantity, and the applicant’s name has come into light from the memorandum statement of the co- accused person and it is an organized crime. It is further submitted that the charge-sheet has been filed in this case. Hence, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 3
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Taking into consideration the fact that the quantity of contraband article seized from the possession of the co-accused person i.e. 29.090 Kgs of Ganja, which is much above the commercial quantity, and the applicant’s name has come into light from the memorandum statement of the co-accused person and the applicant is failed to give any explanation for the same and it could not be a case of false implication and it is an organized crime, the charge-sheet has been filed in this case, hence, the bail application of applicant – Naseem Mohammad @ Irfan involved in Crime No. 112/2024, registered at Police Station – Khallari, District – Mahasamund (C.G.) for the offences punishable under Section 20(B) of the NDPS Act, is rejected at this stage. 7. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, 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
Rajshekhar