Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 23982 (CHH)

SHARFUDDIN SHAH v. STATE OF CHHATTISGARH

MCRC/4286/2025 · 2025-06-11

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:23498 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4286 of 2025 Sharfuddin Shah S/o Shahabuddin Aged About 35 Years R/o Village Dashhrabag, District Barabanki Uttar Pradesh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Purur, District – Balod, Chhattisgarh. ---- Non-applicant For Applicant : None. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.06.2025 1. The applicant has preferred this Second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 26/2024, registered at Police Station- Purur, District – Balod (C.G.) for the offences punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that the Police of Police Station – Purur, District – Balod (C.G.) has received a secret information through RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 the informant and on the basis of the said information, the Police authority has seized a total of 40 Kgs of Ganja from the possession of the applicant. Hence, this application. 3. First bail application of the applicant has been rejected by this Court vide order dated 05.02.2025 passed in MCRC No. 1029/2025. 4. None appears on behalf of the applicant to press this bail application, but in para 6.5 of the bail application a ground has been raised by the applicant that the prosecution witnesses have been examined by the trial Court and they have not supported the case of the prosecution. 5. Learned counsel for the State opposes the bail application and submits that a total of 40 Kgs of Ganja has been seized, which is much above the commercial quantity. It is further submitted that the charge-sheet has been filed in this case. Hence, his bail application is liable to be dismissed. 6. I have heard learned State counsel and perused the material available on record. 7. Considering the ground made by the the applicant in para 6.5 of the instant bail application, as the prosecution witnesses have turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 8. Taking into consideration the fact that the quantity of contraband article 40 Kgs of Ganja has been seized from the possession of the applicant, which is much above the commercial quantity and the charge-sheet has been filed in this case, hence, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 3 9. Accordingly, the Second bail application of applicant – Sharfuddin Shah involved in Crime No. 26/2024, registered at Police Station- Purur, District – Balod (C.G.) for the offences punishable under Sections 20(B) of the NDPS Act, is rejected at this stage. 10. Needless to say that the learned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 11. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar