Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:29920
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5111 of 2025 Shahbaz Ansari S/o Jahruddin Ansari Aged About 24 Years R/o Village Shivpur, Police Station And Tahsil Shrinagar, District Surajpur, Chhattisgarh.
... Applicant versus State of Chhattisgarh Through Station House Officer, Police of Police Station Patna, District Koriya, Chhattisgarh.
... Non-Applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-Applicant : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 02.07.2025
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. 227/2024 registered at Police Station – Patna, District Koriya, (C.G.), for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Case of the prosecution, in brief, is that the Police of Police Station Patna, District Koriya (C.G.), had received secret information from the informant and on the basis of the said information conducted a RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 raid and seized 30 bottles of Onerex Cought Syrup, Evil Injeciton vial 10 ML (total 500 ampuls), from the possession of the present applicant. Thereafter, the Police has registered the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant.
3.
Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article was not recovered from the physical possession of the present applicant. He further submits that a false seizure memo has been prepared by the police in order to falsely implicate the applicant in a criminal case. The applicant is hopeful that he will be acquitted of the allegations in this case, as the witnesses of the search and seizure have already been examined before the learned Trial Court as PW-1 and PW-2, and both have not supported the prosecution’s case. He further submits that the present applicant has no any previous criminal antecedents and he is in jail since 11.09.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant.
4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of contraband article i.e. 30 bottles of Onerex Cought Syrup, Evil Injeciton vial 10 ML (total 500 ampuls), were recovered from the possession of the present applicant, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail.
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5. I have heard learned counsel appearing for the parties and perused the case diary.
6. Considering the facts and circumstances of the case and further the fact that the contraband article i.e. 30 bottles of Onerex Cought Syrup, Evil Injeciton vial 10 ML (total 500 ampuls) which have been seized from the possession of the present applicant, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication.
7. Accordingly, the bail application of the applicant – Shahbaz Ansari, involved in Crime No. 227/2024 registered at Police Station – Patna, District Koriya, (C.G.), for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage.
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 forthwith. Sd/- (Ramesh Sinha)
Chief Justice Rahul Dewangan