Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 19283 (CHH)

AMJAD ALI v. STATE OF CHHATTISGARH

MCRC/3236/2025 · 2025-04-28

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:19077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3236 of 2025 Amjad Ali S/o Shri Shekh Hameed Ansari Aged About 30 Years Caste Musalman, R/o Village Joor, Police Chowki Basdeyee, Police Station Surajpur, District : Surajpur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Chowki Basdayee, Police Station Surajpur, District : Surajpur, Chhattisgarh ... Non-applicant For Applicant : Mr. Umesh Pandey, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, 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. 61/2025 registered at Police Chowki Basdeyee, Police Station – Surajpur, District – Surajpur (C.G.), for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution's story, the police at Police Chowki received ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.04.29 11:29:32 +0530 2 information regarding the illegal transportation of the alleged substance through vehicle Car No. CG-16-CG-9664 by one person. After receiving the information, the police raided and seized 49 Avil injections from the Car No. CG-16-CG-9664 from the applicant, accordingly the aforesaid offence was registered against the present applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article i.e. 49 pieces of Avil injections were not seized from the possession of the present applicant. He also submits that mandatory provisions of NDPS Act and the concerned police station did not take proper investigation before lodging FIR against the applicant. He further submits that the present applicant is in jail since 27.01.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the alleged contraband article which is recovered from the possession of the present applicant is much above the commercial quantity, therefore, he is not entitled for grant of regular bail. 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 the fact that contraband article i.e. 49 Avil injections were recovered from the possession of the applicant, which is much above the 3 commercial quantity and the applicant has failed to give any explanation for the same and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Amjad Ali, involved in Crime No. 61/2025 registered at Police Chowki Basdeyee, Police Station – Surajpur, District – Surajpur (C.G.), for the offence punishable under Section 21(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 trial 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) ChiefJustice Abhishek