Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:18851
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3179 of 2025 Mohammad Sharik S/o Mohd. Alamgir Aged About 30 Years R/o 25/27 Second Floor, Trilokpuri, Police Station Trilokpuri, East Delhi, Delhi. ... Applicant versus State Of Chhattisgarh Through Police Station Singhoda, District Mahasamund (C.G.)
... Non-applicant For Applicant : Mr. Sushil Dubey, Advocate For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/04/2025
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. 90/2024 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. 2. Case of the prosecution, in brief, is that on the date of incident, police ofÏcials received an information through informant that KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 unknown persons had kept contraband ganja to sell, travelling in a Mahindra Car bearing No. HR-51-BB-5314, on the basis of such information, the police ofÏcials reached on the concerned spot and seized 27 Kg. contraband ganja from the joint possession of the applicant along with co-accused. Thereafter, the case has been registered against the them. 3. Learned counsel for the applicant submit that the applicant has been falsely implicated in this case. He further submits that in this case the concerned police have not complied with the mandatory provisions of the NDPS Act, further the present applicant was driving the offending vehicle and was not knowing about the seized contraband ganja and he is in jail since 10.08.2024, in the present case, charge-sheet has filed before the competent Court and the applicant has no criminal antecedents and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the prayer for grant of bail and submits that the charge-sheet has been filed in the present case before the competent Court however, the quantity of contraband article which has been recovered from the joint possession of the applicant, is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 5.
I have heard learned counsel appearing for the parties and perused the case diary. 3
6. From perusal of the case diary, it transpires that the article which has been seized from the joint possession of the applicant, is much above the commercial quantity and the applicant has failed to give an explanation regarding the same and it cannot be a case of false implication, hence, this Court does not find a fit case to release the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Mohammad Sharik filed under Section 483 of the B.N.S.S., involved in Crime No. 90/2024 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. 8. Needless to say that the trial concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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 Kunal