Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:17674
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2949 of 2025 Manish Chaudhry S/o Shri Rajuram Aged About 24 Years R/o Firoz, P.S. Mundwa, Dist- Nagaur (Rajasthana) Presently (Name And Details As Per Mentioned In Order Sheet)
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S- City Kotwali Dist. Raigarh (C.G.)
... Respondent(s) For Applicant(s) : Mr. Ashutosh Biswas, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 17/04/2025
1. Proceedings of this matter have been taken through video conferencing.
2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 346/2023 registered at Police Station, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 City Kotwali Dist. Raigarh (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. Case of the prosecution, in brief, is that on 07.05.2023, as per secret information received from the informant, the Police of Police Station City Kotwali Dist. Raigarh (C.G.) seized 40 Kgs of Ganja from the joint possession of applicant other co-accused persons, thereafter, aforesaid offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application.
4.
Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since
08.05.2023. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail.
5.
Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He would further submit that the quantity of contraband article i.e. 40 Kgs of Ganja from the joint possession of the applicant and other co- accused persons, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail.
6. I have heard learned counsel appearing for the parties and perused the case diary.
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7. From perusal of the case diary, it transpires that the article which has been seized from the joint possession of the applicant and other co-accused persons is much above the commercial quantity, further the applicant has failed to give explanation for the same and it cannot be a case of false implication, the trial is in progress.
8. Accordingly, the bail application of the applicant-Manish Chaudhry, involved in Crime No. 346/2023 registered at Police Station, City Kotwali Dist. Raigarh (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected.
9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.
10. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance.
- Sd/-
(Ramesh Sinha)
Chief Justice Akhil