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2025 DAILYLAW 31616 (CHH)

VIJAY KUMAR SAHU @ BRAILER v. STATE OF CHHATTISGARH

MCRC/5320/2025 · 2025-07-08

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Judgment text

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1 2025:CGHC:31714 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5320 of 2025 Vijay Kumar Sahu @ Brailer S/o Manoj Kumar Sahu Aged About 23 Years R/o Village - Dumaria, P.S. And Tahsil - Patna, District- Koriya, (C.G.) ... Applicant versus State of Chhattisgarh Through - S.H.O. Police Station - Surajpur, District- Surajpur, (C.G.) ... Non-applicant For Applicant(s) : Mr. Pushkar Sinha, Advocate. For Non-Applicant(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2025 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. 178/2025 registered at Police Station Surajpur, District - Surajpur (C.G.), for the offence punishable under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution is that on 09/04/2025, Police Station Surajpur received secret information that co-accused Md. Ismile Ansari was selling illegal psychotropic substances near his house. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.10 10:34:50 +0530 2 Acting upon this information, the police conducted a raid, and during the search, they seized 187 Rexogesic injections and 178 Pheniramine Avil injections from the possession of Md. Ismile Ansari. On that basis, a report was lodged against the applicant for the offence under Section 21(C) of the NDPS Act. Thereafter, the memorandum statement of the applicant was recorded, and based on the said statement, the applicant was arrested on 16/04/2025, and since then, he has been in jail. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the applicant never involved in any commission of crime as the contraband psychotropic substance was not seized from the exclusive possession of applicant and only on the basis of memorandum of co-accused applicant has been roped as accused in the present case. He also submits that the present applicant has been in jail since 09.04.2025, 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 opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that co- accused Md. Ismail Ansari was selling illegal psychotropic substances near his house, the police conducted a raid and, during the search, seized 187 Rexogesic injections and 178 Pheniramine Avil injections from the possession of Md. Ismail Ansari. The said contraband article is much above the commercial quantity, and the name of the present applicant came to light based on the memorandum statement of the 3 co-accused, Md. Ismail Ansari, indicating that it is an organized crime. 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. 6. From perusal of the case diary, it transpires that co-accused Md. Ismail Ansari was selling illegal psychotropic substances near his house, the police conducted a raid and, during the search, seized 187 Rexogesic injections and 178 Pheniramine Avil injections from the possession of Md. Ismail Ansari, the said contraband article is much above the commercial quantity, and the name of the present applicant came to light based on the memorandum statement of the co-accused, Md. Ismail Ansari, indicating that it is an organized crime, therefore, I am not inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application of the applicant - Vijay Kumar Sahu @ Brailer involved in Crime No. 178/2025 registered at Police Station Surajpur, District - Surajpur (C.G.), for the offence punishable under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek