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2025 DAILYLAW 15905 (CHH)

SUSHIL DAS v. STATE OF CHHATTISGARH

MCRC/2576/2025 · 2025-04-03

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Judgment text

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1 2025:CGHC:15685 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2576 of 2025 Sushil Das S/o Anand Das Aged About 28 Years Caste- Panika, R/o Village - Dawna, P.S. Jhilmili, District- Surajpur (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Police Station Jhilmili, District- Surajpur (C.G.) ... Non-applicant For Applicant : Mr. Shakti Raj Sinha, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.04.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.47/2025, registered at Police Station- Jhilmili, District- Surajpur (C.G.) for the offence punishable under Sections 21(C)of Narcotic Drugs and Psychotropic Substances Act. (for short ‘NDPS’). 2. The prosecution story in brief, is that, on 10.03.2025 on the basis of information from an informer, 220 pieces of Avil Injection and 210 pieces PREETI KUMARI Digitally signed by PREETI KUMARI 2 of Rexogesic Injection were recovered from the possession of the applicant by the Police of Police Station Jhilmili. Seizure proceedings were conducted in the presence of witnesses and First Information Report was registered against applicant under Section 21(C)of NDPS Act. Hence, this offence. 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 there is no independent witness to the alleged recover, and the case is based solely on information from an informer, which cannot be relied upon without corroboration. Further, the applicant is in jail since 10.03.2025 and the applicant has no criminal antecedents. 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 charge-sheet has not been filed. She further submits that quantity of 220 pieces of Avil Injection and 210 pieces of Rexogesic Injection 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. 220 pieces of Avil Injection and 210 pieces of Rexogesic Injection, 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 3 – Sushil Das involved in Crime No.47/2025, registered at Police Station- Jhilmili, District- Surajpur (C.G.) for the offence punishable under Sections 21(C)of Narcotic Drugs and Psychotropic Substances Act, 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 /- Sd/- (Ramesh Sinha) Chief Justice Preeti