Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:17901
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2995 of 2025 Hari Nagwani S/o Prakash Nagwani Aged About 25 Years R/o Ward No. 40, Torwanaka, Police Station-Torwa, District- Bilaspur (C.G.)
... Applicant versus The State of Chhattisgarh Through The OfÏcer In Charge Of Police Station- Singhoda, District- Mahasamund (C.G.)
... Non-Applicant For Applicant : Mr. Roop Ram Naik, Advocate. For Non-Applicant/State : Ms. Sudha Shrivastava, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 21.04.2025
1. Proceedings of this matter have been taken through video conferencing. 2. 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.121/2024, registered at Police Station- Singhoda, District- Mahasamund (C.G.) for the offence punishable under Sections 21(c) of Narcotic Drugs and Psychotropic Substances Act. (for short ‘NDPS’). PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.24 11:03:17 +0530
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3. The prosecution story in brief, is that, on 14.11.2024 at 12.30 O’clock the Police received information through informer that the two persons are carrying the cough syrup in the motorcycle, thereafter, the Police started investigation and seized the 120 pieces of Onerex Cough Syrup from possession of the applicant and another accused, namely, Shiva Goyal, thereafter, the applicant and another accused persons have been arrested and after completion of the investigation the charge-sheet has been filed before the Special Court for above offence. 4. 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 present applicant had not possessed or kept the narcotic substance Ganja and has been falsely implicated. He also submits that the charge-sheet has been filed and the applicant is in jail since 14.11.2024 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. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed. She further submits that quantity of 120 pieces of Onerex Cough Syrup has been seized from the possession of the applicant and co-accused person, which is much more than the commercial quantity. Hence, his bail application is liable to be dismissed. 6.
I have heard learned counsel for the parties and perused the material available on record. 7. Taking into consideration the fact that quantity of contraband article i.e. 120 pieces of Onerex Cough Syrup, which is much more than the
3 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 – Hari Nagwani involved in Crime No.121/2024, registered at Police Station- Singhoda, District- Mahasamund (C.G.) for the offence punishable under Sections 21(c) of Narcotic Drugs and Psychotropic Substances Act. (for short ‘NDPS’), is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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