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2025 DAILYLAW 24967 (CHH)

KISHORE SHILPI v. STATE OF CHHATTISGARH

MCRCA/816/2025 · 2025-06-11

body2025

Judgment text

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1 2025:CGHC:23554 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 816 of 2025 Kishore Shilpi S/o Ramjee Prasad Aged About 50 Years R/o Pranav Mension, Flat No. 103, Park Road, Kadamkuan, Patna, Bihar. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Padmanabhpur, District Durg, Chhattisgarh. ... Non-applicant For Applicant : Mr. Virendra Verma, Advocate For Res/State : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 12.06.2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 352 of 2024, registered at Police Station- Padmnabhpur, District- Durg (C.G.) for alleged commission of 2 offence punishable under Sections 8, 21(C) and 29(1) of NDPS Act. 2. According to the prosecution's story, it is alleged that on the information of the informant, the police has arrested the co- accused persons in this case for the offence committed under Sections 8, 21(C), and 29(1) of NDPS Act and during the course of investigation, it is allegation upon the applicant that the Psychotropic Substance has been purchased from the shop of the present applicant and the amount has been transferred in his Bank Account. Thereafter, the police has issued notice to the applicant on 11.10.2024. Hence this anticipatory bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the present applicant has been arrayed as an accused in the present case only on the basis of the statement of the co-accused person before the police those who stated that the seized Psychotropic Substance has been purchased from the shop of applicant. He also submits that the police in their charge- sheet have not been disclosed as to how the present applicant has been involved in the said crime, the entire charge-sheet is silent about the involvement of present applicant in the present case, therefore, he prays for grant of anticipatory bail to the applicant. 3 4. On the other hand learned State counsel opposes the application for grant of anticipatory bail to the applicant. 5. Recently the Supreme Court in the matter of Anarul SK v. The State of West Bengal {SLP (Crl.) No(s). 12621/2024 has observed that the grant of anticipatory bail in cases involving Narcotic Drugs and Psychotropic Substances (NDPS) is a very serious issue. 6. In the light of observation made by the Supreme Court in Anarul SK (supra), I do not find any good ground to entertain this anticipatory bail application. Accordingly, the present anticipatory bail application is dismissed. Sd/- (Ramesh Sinha) Chief Justice amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.19 11:42:34 +0530