1 2025:CGHC:8126-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 886 of 2021 Sanjeev @ Suchcha Singh Chhabara S/o Shadi Lal Chhabara Aged About 50 Years R/o Tikarapara, Kansa Chowk, Bilaspur, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ... Petitioner(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station Kotwali, Bilaspur, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ... Respondent(s) (Cause title taken from Case Information System) For Petitioner : Mr. Rajeev Kumar Dubey, Advocate For Respondent/State : Mr. Sakib Ahmed, Panel Lawyer Hon'ble S hri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, C.J. 17/02/2025 1. The present Criminal Miscellaneous Petition under section 482 of the CRPC, filed by the petitioner for quashing of the FIR of Crime No. 370 of 2018, dated 22.08.2018 for the offence under section 21/22 of NDPS Act and also to quash the entire charge sheet of Special Case Digitally signed by VEDPRAKASH DEWANGAN 2 (NDPS Act) No. 52 of 2018, pending before the learned Special Judge (NDPS Act), Bilaspur and prayed the following relief in his petition: “It is, therefore, prayed this Hon'ble Court may kindly be pleased to quash the entire charge sheet and FIR dated 22-08-2018 registered at Police Station Kotwali, Bilaspur, District Bilaspur (C.G.) as Crime No. 370/2018 and also the Criminal proceeding pending against him in Special Case (NDPS Act) No. 52/2018 pending before the Special Judge (NDPS Act) Bilaspur (C.G.), in the interest of justice.” 2. Brief facts of the case are that the petitioner is an accused in Special Case (NDPS Act) No. 52 of 2018, pending before the learned Special Judge (NDPS Act) Bilaspur. The allegation against the present petitioner is that on the basis of secret information, the police of City Kotwali, Bilaspur conducted search of the house of the present petitioner, from where total 7200 Nos. of Nitrazepam Nitrosun-10 tablets were seized. The co-accused Sunil @ Kantha Sonkar has been arrested and the present petitioner fled away from his house. The charge sheet was initially filed against the co-accused Sunil @ Kantha Sonkar and when the present petitioner was granted anticipatory bail, his arrest has also been shown and supplementary charge sheet has been filed on 16.06.2021 before the learned trial Court, where the Special Case No. 52 of 2018 is pending for consideration. 3. Learned counsel for the petitioner would submit that the petitioner was not arrested on the spot, there is no seizure made from the present petitioner, the house from which the said tablets were seized is not in exclusive possession of the petitioner, yet he has been made accused in the present case only on the suspicion. There is no evidence in the 3 record to connect him to the offence in question and only to implicate the present petitioner in the offence, it is alleged that he fled away from the place, therefore the impugned FIR as well as charge sheet against the present petitioner is liable to be quashed. 4. On the other hand, learned counsel for the State opposes and has submitted that there is positive allegation against the present petitioner that when the search was conducted in his house, he fled away. However, the co-accused Sunil @ Kantha Sonkar is arrested and huge quantity of the Nitrazepam Nitrosun tablet has been seized. There is sufficient material available in the charge sheet that the house in question from where the said tablets were seized is in possession of the present petitioner and he fled away from his house at the time of search and seizure proceeding. He would further submit that there is no interim order in the present petition in favour of the petitioner. After filing of the supplementary charge sheet against the petitioner, charges have been framed and trial of the case is in progress, in which some of the witnesses have already been examined before the learned trial Court and the trial of the case is in advance stage. Therefore, the petition is liable to be dismissed. 5. We have heard learned counsel for the parties and perused the material annexed with the petition. 6. Considering the nature of allegation, material collected during the investigation against the present petitioner, further considering that the charges have been framed and some of the witnesses have been examined and the trial of the case is in progress, we are not inclined to 4 interfere in the case in such advance stage of trial of the case. 7. The present petition is accordingly dismissed. However, considering the fact that the case against the present petitioner is pending since 2021 and the case against the co-accused Sunil @ Kantha Sonkar is pending since 2018, the learned trial Court is directed to expedite the trial of the case and to make all endeavour to conclude the same as early as possible. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved