Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 17787 (CHH)

VINOD SINGH v. STATE OF CHHATTISGARH

MCRC/3104/2025 · 2025-04-23

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:18357 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3104 of 2025 Vinod Singh S/o Late Raj Bahadur Singh Aged About 23 Years R/o Purva, Ward No.-02, Post - Bamrola, P.S. - Kothi, Distt. - Satna (M.P.) ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, P.S. - Singhoda, Distt. - Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Harsh Tripathi, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.04.2025 1. Proceedings of this matter have been taken through video-conferencing. 2. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 100/2023 registered at Police Station – Singhoda, District - Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.24 18:24:45 +0530 2 Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief, on 21/12/2023 Assistant Sub Inspector of Police Station Singhoda Distt Mahasamund received an information that a silver colour Aura car bearing registration number MP 19 CC 6919 was transporting Ganja from Odisha and going to Chhattisgarh. After receiving the information, the Assistant Sub Inspector along with staff and witnesses departed to Rehtikhol village. After some time, the said car came and the driver of the vehicle started running away. He was caught by the staff. On being asked the reason for running away he admitted that he had kept the Ganja in the car transporting from Odisha to Satna (M.P). The car was searched. Three bags of plastic were found in the dickey of the said car. The bags were opened in which 100 packets of Ganja were found. The said Ganja was seized. Crime No. 100/2023 was registered at Police Station Singhoda Distt Mahasamund (C.G) under section 20(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985(for short 'the NDPS Act'). On 21/12/2023 itself, the applicant was arrested in connection with aforesaid crime and since then he has been in judicial custody. 4. The first bail application filed under Section under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant was rejected vide order dated 15.01.2025 in MCRC No. 108 of 2025 by this Court on the ground the quantity of contraband Ganja which has been seized, is more than commercial quantity and no new ground has been raised in this bail application. 5. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 21.12.2023. He further submits that the recovery of Ganja is said to have been made 3 from the car and not from the personal search. He further submits that there is no previous criminal antecedents of the applicant and according to the final report the prosecution has 16 witnesses out of which three independent witnesses have been examined in the trial Court and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 6. Learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the quantity of contraband article i.e. total 100 Kgs were recovered from the possession of the present applicant, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. From perusal of the order dated 15.01.2025, it is apparent that the bail application of the applicant was rejected on merits on the ground that the quantity of the psychotropic substance seized from the applicant was above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. No new ground has been raised in this second bail application. 9. Accordingly, the second bail application of the applicant - Vinod Singh filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, involved in Crime No. 100/2023 registered at Police Station – Singhoda, District - Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 4 10. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same expeditiously. 11. 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 Preeti