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2025 DAILYLAW 23102 (CHH)

MOHAMMAD IRFAN v. STATE OF CHHATTISGARH

MCRC/3980/2025 · 2025-05-19

body2025

Judgment text

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1 2025:CGHC:22169 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3980 of 2025 1 Mohammad Irfan S/o Mohammad Makki Aged About 32 Years R/o Dalsingh Saray P.S. Dalsing Saray, District - Samastipur Bihar ... Petitioner(s) versus 1 State Of Chhattisgarh Through Station House Officer Police Station Ganj, District- Raipur (C.G.) ... Respondent(s) For Applicant : Mr. Syed Mohammad Sohail Afzal, Advocate. For Non-applicant/State : Mr. Arvind Dubey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.05.2025 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. 25/2025 registered at Police Station – Ganj, District Raipur, (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.05.20 17:28:48 +0530 2 2. Case of the prosecution, in brief, is that the Police of Police Station– Ganj District –Raipur (C.G.), had received secret information from the informant and on the basis of the said information conducted a raid at Karan Hotel, station road, Room No. 102, and seized 30.39 Kgs of Ganja from the joint possession of the applicant along with other co- accused person. Thereafter, the Police has registered the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article i.e. 30.39 kgs of ganja was not seized from the joint possession of the present applicant and other co-accused person. He also submits that the present applicant has no criminal antecedents and he is in jail since 04.02.2025, 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 the charge-sheet has not been submitted before the competent Court in the present case. He further submits that the quantity of contraband article i.e. 30.39 Kgs of Ganja, was recovered from the joint possession of the present applicant and other co-accused person, which is much 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 and perused the case diary. 3 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 applicant other co-accused person 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 – Mohammad Irfan, involved in Crime No. 25/2025 registered at Police Station – Ganj, District – Raipur (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. 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 $Bhilwar