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2025 DAILYLAW 22874 (CHH)

MAHESH KUMAR BARETH v. STATE OF CHHATTISGARH

MCRC/3826/2025 · 2025-06-26

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Judgment text

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1 2025:CGHC:28736 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3826 of 2025 Mahesh Kumar Bareth S/o Pusau Ram Bareth, Aged About 34 Years R/o Village - Pendri, Police Station And Tahsil - Janjgir, District Janjgir- Champa, ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Janjgir, District Janjgir-Champa, Chhattisgarh, ... Respondents For Applicant : Mr. Paras Mani Shriwas, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.06.2025 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. 301/2025 registered at Police Station – Janjgir, District – Janjgir-Champa (C.G.), for the offence punishable under Section VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.30 18:26:59 +0530 2 20 (C), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the on 16.04.2025, police officers of the police station – Janjgir have seized 912 piece of tablet from the handle of motor cycle platina bearing registration No.CG-11-MB-3563 which is driven by the applicant as per information given by the informer. Thereafter, the applicant has subsequently been arrested at the same time. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that the no any restricted tablets has been seized from the possession of the applicant. Further, during the arrest of the applicant, mandatory provisions of N.D.P.S. has not been complied with by the concern police officers and not a single independent witness has stated about the involvement of the applicant in the crime in question. He further submits that the present applicant has been in jail since 16.04.2025 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 contraband article i.e. 912 piece tablets was seized from the possession of the applicant, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 3 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 possession of the present applicant is much above the commercial quantity and it cannot be a case of false implication, therefore, it is not a fit case for grant of bail to the applicant. 7. Accordingly, the bail application of the applicant – Mukesh Kumar Bareth, involved in Crime No. 301/2025 registered at Police Station – Janjgir, District – Janjgir-Champa (C.G.), for the offence punishable under Section 20 (C), 29 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/- (Ramesh Sinha) Chief Justice Vaibhav