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2025 DAILYLAW 32580 (CHH)

ANIL KUMAR v. STATE OF CHHATTISGARH

MCRC/5317/2025 · 2025-07-08

body2025

Judgment text

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1 2025:CGHC:31715 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5317 of 2025 Anil Kumar S/o Ram Kumar Aged About 32 Years R/o Bahadurpur Tola, Thana- Gadhani, District- Bhojpur, Bihar ... Applicant versus State of Chhattisgarh Through Station House Officer, Police of Police Station, Komakhan, Distt. - Mahasamund. ... Non-applicant For Applicant : Mr. Smita Jha, Advocate. For Non-applicant/State : Mr. Soumya Rai, 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. 118/2024 registered at Police Station – Komakhan, District – Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution, in brief, is that the police of Police ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.10 10:34:48 +0530 2 Station Komakhan, District Mahasamund (CG), received secret information from the informant and, based on the said information, conducted a raid and seized 300 kgs of ganja, which was being transported by the applicant along with other co-accused. Thereafter, the police registered the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article i.e. 300 Kgs of ganja was not seized from the possession of the present applicant. He also submits that the present applicant has no criminal antecedents and he is in jail since 05.09.2024, 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 charge- sheet has already been submitted before the competent Court in the present case. He further submits that the quantity of contraband article i.e. 300 Kgs of Ganja, was 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. 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 which has been seized from the 3 possession of the present applicant which is much above the commercial quantity and the applicant has failed to give any explanation for the same and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Anil Kumar, involved in Crime No. 118/2024 registered at Police Station – Komakhan, District – Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. 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 Abhishek