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2025 DAILYLAW 27863 (CHH)

DHARMENDRA AHIRWAR v. STATE OF CHHATTISGARH

MCRC/4618/2025 · 2025-06-24

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Judgment text

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1 2025:CGHC:27743 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4618 of 2025 • Dharmendra Ahirwar S/o Ramesh Ahirwar Aged About 29 Years R/o No. 2 Naka, Kamti Road, Maninagar, Mandwa, Police Station- Yashodhara Nagar, District Nagpur, Maharashtra. ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station Singhoda, District Mahasamund, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System (CIS)) For Applicant : Mr. Shivendu Pandya, Advocate For Respondent : Ms. Smriti Shrivastava, Panel Lawyer op Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/06/2025 1. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 17/2024 registered at Police Station-Singhoda, District – Mahasamund (C.G.), for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act, 1985. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 2. The prosecution case is that on the date of incident, i.e. 26/02/2024, the Police Station Singhoda, District Mahasamund (C.G.) being received some secret information from the informant about the illicit Ganja was kept the present accused/applicant for selling. On that the police raided the spot where the applicant were kept the illicit Ganja of 145 kg. Ganja. On being searched made by the police and total 145 kg. Ganja was seized by the police from the applicant, thereafter, the police has registered an offence punishable under section 20 (B) of Narcotics Drugs and Psychotropic Substance Act at crime No. 17/2024, thereafter, the investigated the matter and comply the mandatory provision of the Narcotics Drugs and Psychotropic Substance Act and filed the charge sheet before the competent court. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 27.02.2024. He would further submits that the contraband article is not seized exclusive possession of the applicant and the place of seizure is not exclusive occupied by the applicant not they are owner. The applicant is in jail since 27.02.2024 and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the quantity of contraband article i.e. 145kg of Cannabis (Ganja) recovered from the possession of the applicant, he is resident of the State of Maharashtra 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. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is 145kg of Cannabis (Ganja) which is much above the commercial quantity and applicant is resident of the State of Maharashtra, it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant – Dharmendra Ahirwar filed under Section 439 of the Cr.P.C., involved in Crime No. 17/2024 registered at Police Station-Singhoda, District – Mahasamund (C.G.), for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously within a period of two months on the basis of day to day trial from the receipt of this order in accordance with law, if there is no legal impediment. 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 vaishali