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2025 DAILYLAW 32528 (CHH)

DHARAMVEER YADAV v. STATE OF CHHATTISGARH

MCRC/5519/2025 · 2025-07-14

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5519 of 2025 1 - Dharamveer Yadav S/o Net Singh Yadav Aged About 27 Years Resident Of Village Jungipur Post Devkheda Thana - Pichhore District Shivpuri (M.P) 2 - Sanjeev Lodhi Son Of Meharbaan Lodhi Aged About 25 Years Resident Of Sirsa Thana Pichhore District- Shivpuri (M.P.) ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer Police Station - Komkhan District- Mahasamund (C.G.) ... Respondent (Cause title is taken from Case Information Syastem) For Applicant : Mr. Vikas Pradhan, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/07/2025 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 applicants who have been arrested in connection with Crime No.120/2024 registered at Police Station- Komakhan, District - Mahasamund (C.G.), for the offence punishable under Section 20(B) of NDPS Act, 1985. 2. Case of the prosecutrix, in brief, is that on the basis of secret information received by the informant, the police station Komakhan VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.22 11:10:19 +0530 2 along-with his staff had gone for patrolling. As soon as they reached village Komakhan petrol pump NH 353, and two person were coming from Odisha toward Mahasamund in a silver colour Swift Dzire car bearing no.UP 53 CC 9222 with ganja inside the rear trunk of the car for sale. Total 21kg Ganja was found from joint possession of the applicants. thereafter, the offence has been registered against the applicants. 3. Learned counsel for the applicant would submits that the applicants have been falsely implicated in this case and they are in jail since 14.09.2024. He would submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submits that the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicants on regular bail. 4. Learned counsel for the State would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He would further submits that 21kg Ganja was found from joint possession of the applicants and they are resident of Madhya Pradesh, which is more than commercial quantity and as such, the applicants are not entitled to be released on bail. 5. I have heard learned counsel 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 applicants are much above the commercial quantity and it cannot be a case of false implication. 7. Accordingly, this bail application of applicants – Dharaveer Yadav 3 and Sanjeev Lodhi, involved in Crime No.120/2024 registered at Police Station- Komakhan, District - Mahasamund (C.G.), for the offence punishable under Section 20(B) of NDPS 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 expediciously. 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