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2025 DAILYLAW 2642 (CHH)

SHUBHAM SINGH v. STATE OF CHHATTISGARH

MCRC/303/2025 · 2025-01-14

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Judgment text

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1 2025:CGHC:2290 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 303 of 2025 Shubham Singh S/o Surari Prasad Aged About 24 Years Cast- Gond, R/o Bhawanpur Behind The Punjab Garden- Ambikapur, P.S. Gandhinagar, Distt. Surguja, C.G. ... Applicant versus State of Chhattisgarh Through S. H. O., Police Station- Ambikapur, District- Surguja, C.G. ... Non-Applicant For Applicant : Mr. Sanjay Pathak, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.410/2024, registered at Police Station: Ambikapur, District- Surguja, Chhattisgarh for the offences punishable under Section 21 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution story, on the basis of secret information PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.15 18:54:46 +0530 2 received by Police personnel of Police Station- Ambikapur, District - Surguja (C.G.) on 25.06.2024 present applicant stands in his bullet motorcycle near Maulavi bandh at Gaurav Path during the investigation, Police has seized 40 piece of Buprenorphine Injection containing 2 each and 40 piece pheniriamine Maleate injection ip containing 10 ML each from the possession of the present applicant so on the basis of Police registered the FIR for the offence under Section 21(C) of NDPS Act against the present applicant in connection with Crime No. 410/2024 and after due investigation the charge-sheet has been filed before the learned trial Court. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant has been implicated only of the basis of the memorandum statement of co-accused. It is further submitted that the charge-sheet has been filed. The applicant is in jail since 26.06.2024. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the quantity of 40 piece of Buprenorphine Injection containing 2 each and 40 piece pheniriamine Maleate injection ip containing 10 ML each from the possession of the present applicant has been seized from the possession of the applicant, which is much more than the commercial quantity. Further the charge-sheet has been submitted. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material 3 available on record. 6. Taking into consideration the fact that the quantity of contraband article which has been seized from the present applicant, is much more than the commercial quantity and the applicant has failed to give any explanation for the same and it cannot be said to be a case of false implication, further the charge-sheet has been submitted and the trial is in progress, the bail application of applicant – Shubham Singh involved in Crime No.410/2024, registered at Police Station: Ambikapur, Distt. Surguja, Chhattisgarh for the offences punishable under Section 21 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. 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 Preeti