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2025 DAILYLAW 21372 (CHH)

SHARAN TANDIA v. STATE OF CHHATTISGARH

MCRC/4037/2025 · 2025-05-21

body2025

Judgment text

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1 2025:CGHC:22279 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3487 of 2025 1 - Sanjit Kumar S/o Late Bachha Kumar Aged About 32 Years Caste- Rajput, R/o Kiakachhar, Police Station Sadar-Sundergarh, District Sundergarh,Orrisa.. 2 - Rajendra Toppo S/o Suru Toppo, Aged About 30 Years, Caste- Urown, R/o Village Rajpur (Gurumunda), Police Station Sadar- Sundergarh, District Sundergarh, Orrisa. 3 - Ganesh Neti S/o Late Ratnakar Neti Aged About 40 Years Caste- Gond, Police Station Sadar-Sundergarh, District Sundergarh, Orrisa. --- Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station- Tapkara, District Jashpur, Chhattisgarh. --- Non-applicant MCRC No. 4037 of 2025 1 - Sharan Tandia S/o Santan Tandia Aged About 30 Years Caste Gond, R/o Rajpur - High School, Police Station Sadar Sundergarh, District- Sundergarh,Orrisa. 2 2 - Susant Badhai S/o Late Satynarayan Badhai Aged About 24 Years Caste Kewant R/o Village Rajpur (Lamp), Police Station Sadar, Sundergarh District- Sundergarh Orissa. --- Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Tapkara, District - Jashpur (C.G.) --- Non-applicant For Applicants : Mr. Sanjeev Kumar Sahu, Advocate For Non/applicant/State : Mr. Nishant Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.05.2025 1. The applicants have preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as they have been arrested in connection with Crime No. 107/2024, registered at Police Station Tapkara, Dist- Jashpur (C.G.) for offence punishable under Section 20(b)(2) (c) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 14/10/2024, the Police received some secret information at Police Station Tapkara, District – Jashpur (C.G.) and on the basis of the said information, they conducted a raid and seized 21.75 kgs of contraband ganja from the joint possession of the applicants and thereafter, 3 registered the aforesaid offence against the applicants. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case and the alleged contraband article i.e. 21.75 kgs of ganja was not seized from the joint possession of the present applicants. He further submits that the applicants are in jail since 14/10/2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that the quantity of contraband article that has been recovered from the joint possession of the present applicants i.e. 21.75 kgs ganja is more than the commercial quantity and as such, the applicants are not entitled to be released on 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 further the fact that the contraband article which has been seized from the joint possession of the present applicants is much above than the commercial quantity and the applicants have failed to give any explanation for the same, it cannot be a case of false implication. 7. Accordingly, the bail application of the applicants – Sanjit Kumar, Rajendra Toppo, Ganesh Neti, Sharan Tandia and Susant Badhai, involved in Crime No. 107/2024 registered at Police Station – 4 Tapkara, District – Jashpur (C.G.) for the offence punishable under Section 20(b)(2)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is hereby 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. Sd/- (Ramesh Sinha) Chief Justice 0. Harneet