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2025 DAILYLAW 20706 (CHH)

GOVERDHAN PRASAD BANCHHOR v. STATE OF CHHATTISGARH

MCRC/3527/2025 · 2025-05-06

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Judgment text

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1 2025:CGHC:20964 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3527 of 2025 Goverdhan Prasad Banchhor S/o Late Shri R.C. Banchhor Aged About 46 Years R/o House No. 536/10, Road No. 04, Ashish Nagar, Risali-East, Police Station Newai, District Durg (C.G.) ... Applicant versus State of Chhattisgarh Through The Police Station House Officer, P.S. Durg (C.G.) ... Non-applicant For Applicant : Mr. Virendra Verma, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.05.2025 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. 157/2024 registered at Police Station – Durg, District – Durg (C.G.), for the offence punishable under Section 8/22, 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. According to the prosecution's story, on 23.03.2024, the City Kotwali Police Station in Durg District, Chhattisgarh, received secret information from an informant. Acting on this information, the police ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.08 17:59:19 +0530 2 conducted a raid and seized ten brown cartons and sixteen white cartons containing 6,000 Alprazolam tablets (weighing 900 grams) and 3,840 Tramadol capsules (weighing 2,380.8 grams) from the applicant's possession. The police subsequently registered an offense under Sections 8/22 and 27(A) of the NDPS Act against the applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that out of 19 witnesses, 17 have testified, but two remain absent who are the Police officials, despite bailable and non-bailable warrants being issued. He submits that their absence, causing trial delays. He further submits that applicant's nephew, whom he has raised like his own son, is getting married on 10.05.2025 and the applicant wishes to participate in the wedding rituals. He also submits that the applicant is the owner of the medical shop from which narcotic substances were seized and holds a valid license for selling and distributing drugs. He further submits that the applicant is in jail since 23.03.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the 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 3 contraband article i.e. 6,000 Alprazolam tablets (weighing 900 grams) and 3,840 Tramadol capsules (weighing 2,380.8 grams) were recovered from the possession of the applicant, which is much above the 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 – Goverdhan Prasad Banchhor, involved in Crime No. 157/2024 registered at Police Station – Durg, District – Durg (C.G.), for the offence punishable under Section 8/22, 27(A) 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. 10. The Director General of Police, Chhattisgarh, is directed to ensure that the said police personnel, namely, Chirag Jain and Navin Rajput before the trial Court for recording their evidence on the next date fixed, failing which their salary should be stopped, as the conclusion of the trial is taking time because of the laxity on the part of the police personnel and the accused is languishing in jail since 23.03.2024. 11. A copy of this order be sent to the Director General of Police, Chhattisgarh through the learned State counsel for information and necessary action forthwith. Sd/- (Ramesh Sinha) ChiefJustice Abhishek