Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 22274 (CHH)

ARTI SONI v. STATE OF CHHATTISGARH

MCRC/3737/2025 · 2025-05-12

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:22039 NAFR HIGH COURT of CHHATTISGARH, BILASPUR MCRC No. 3737 of 2025 Arti Soni W/o Manoj Soni Aged About 35 Years R/o Village- Khairwar, Police Station And Tahsil- Ambikapur, District- Surguja (C.G.) ... Petitioner(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station- Darima, District- Surguja (C.G.) ... Respondent(s) (Cause Title taken from Case Information System) For Applicant : Mr. Arun Kumar Shukla, Advocate. For Non-Applicant : Mr. Santosh Soni, G.A.. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.05.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 50/2025 registered at Police Station: Darima, District: Surguja SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2025.05.13 17:41:01 +0530 2 (C.G.), for the offence punishable under Section 21 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on the basis of information received informer, the police of Police Station: Darima (C.G.) has allegedly recovered 239 NRX Buprenorphin Injection IP containing 3 ml each injection (total 478 ml) from the Alto K-10 Car, which was in possession of the applicant. Thereafter, the case has been registered against the applicant and he was arrested on 12.04.2025. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 12.04.2025. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case and the alleged contraband has been recovered from the car which was standing outside the house of the applicant. He further submits that the applicant has no criminal antecedents, therefore, it is prayed that the applicant may be released on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He would further submit that the quantity of contraband article i.e. 239 NRX Buprenorphin Injection IP containing 3 ML each total 478 ml, recovered from the possession of the applicant, which is 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. 6. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is much above the 3 commercial quantity, further the applicant has failed to give explanation for the same and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant- Arti Soni, involved in Crime No. 50/2025 registered at Police Station: Darima, District: Surguja (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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- - Sd Sd/-- (Ramesh Sinha) Chief Justice Anjani/Saurabh