Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:16179
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2740 of 2025 Khaleshwar Ram Sahu S/o Tejaram Aged About 45 Years R/o Village Umapur, Police Station And Tahsil Ramanujnagar, District Surajpur, Chhattisgarh.
... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Of Police Station Patna, District – Koriya, Chhattisgarh.
---- Non-applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 07.04.2025
1. Proceedings of this matter have been taken through video conferencing.
2. The applicant has preferred this Second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.43/2024, registered at Police Station- Patna, District – Koriya (C.G.) for the offences punishable under Section 22(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act.
3. The prosecution story in brief, is that the Police of Police Station – Patna, District – Koriya (C.G.) has received a secret information through the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 informant and on the basis of such information, the Police has seized a total of 82 ampules of Buprenorphin Rexojesic Injection (2 ML each) and 91 vial of Evil Injection (2 ML each), from the possession of the present applicant. Thereafter, the applicant was arrested and the crime has been registered by the Police.
4. First bail application of the applicant was rejected by this Court vide
order dated 20.09.2024 passed in MCRC No. 6554/2024.
5. 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 seizure witnesses have been examined and turned hostile in the present case. The applicant is in jail since
27.02.2024. The conclusion of the trial is likely to take some time, therefore, she prays for grant of bail.
6. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 82 ampules of Buprenorphin Rexojesic Injection (2 ML each) and 91 vial of Evil Injection (2 ML each), has been seized from the possession of the present applicant which is much above the commercial quantity. It is further submitted that the charge-sheet has been filed in this case. Hence, this second bail application is liable to be dismissed.
7. I have heard learned counsel for the parties and perused the material available on record.
8. Taking into consideration the fact that though the seizure witnesses have been examined and turned hostile in the present case, but the quantity of contraband article seized from the possession of the applicant i.e. 82 ampules of Buprenorphin Rexojesic Injection (2 ML each) and 91 vial of
3 Evil Injection (2 ML each), is much above the commercial quantity, and the charge-sheet has been filed in this case, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail.
9. Accordingly, the Second bail application of applicant – Khaleshwar Ram Sahu involved in Crime No.43/2024, registered at Police Station- Patna, District – Koriya (C.G.) for the offences punishable under Section 22(C) and 29 of the NDPS Act, is rejected at this stage.
10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.
11. The OfÏce 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