Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:19113
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2915 of 2025 Devid Nanda S/o Krista Nanda Aged About 38 Years R/o House Of Kanchandas Dhobi Ghat Raja Talab Civil Line Raipur (C.G.)
... Applicant versus State of Chhattisgarh Through P.S.- Devendra Nagar, District- Raipur (C.G.)
... Non-Applicant For Applicant : Mr. Vikash A. Shrivastava, Advocate. For Non-Applicant : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 28.04.2025
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. 304/2024 registered at Police Station– Devendra Nagar, District- Raipur, (C.G.), for the offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act,
1985.
2. Case of the prosecution, in brief, is that the Police of Police Station – Devendra Nagar, 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 50.100 Kgs contraband article Ganja from the joint possession of the present applicant and other co-accused. Thereafter, the Police has registered the offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant and other co-accused.
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 in the present case, the applicant has been arrested only on the basis of the memorandum statement of the co-accused person. He also submits that he has no any previous criminal antecedent and he is in jail since 14.09.2024 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 50.100 kgs Ganja from the joint possession of the present applicant and other co-accused, which is much above the commercial quantity. He also submits that bail application of the other co-accused person, namely, Umakant Mahanand, has been rejected by this Court in MCRC No. 2254/2025, vide order dated 17.04.2025 and as such, the applicant is not entitled to be released on bail.
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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 50.100 kgs Ganja from the joint possession of the present applicant and other co-accused person, is much above the commercial quantity and the applicant has failed to give any explanation for the same and bail application of the other co-accused person, namely, Umakant Mahanand, has been rejected by this Court in MCRC No. 2254/2025, vide order dated 17.04.2025, further it cannot be a case of false implication.
7. Accordingly, the bail application of the applicant – Devid Nanda, involved in Crime No. 304/2024 registered at Police Station– Devendra Nagar, District- Raipur, (C.G.), for the offence punishable under Section 20(b)(ii)(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