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2025 DAILYLAW 32786 (CHH)

ASHRAFH MIRJA v. STATE OF CHHATTISGARH

MCRC/5414/2025 · 2025-07-10

body2025

Judgment text

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1 2025:CGHC:32287 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5414 of 2025 Ashrafh Mirja S/o Late Jahur Beg, Aged About 38 Years R/o Kusumkasa, Police Station Dallirajhara, District Balod (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Supela, District - Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Hemant Kumar Agrawal, Advocate. For Respondent(s) : Mr. Swajeet Singh Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/07/2025 1. This is the 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. 45/2025 registered at Police Station Supela, District - Durg (C.G.), for the offence punishable under Sections 8/22 & 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 09.01.2025, as per secret information received from the informant, the Police of Police Station Supela, District – Durg (C.G.) seized PROXTCO-SPAS 36 Nos. strips total weight 675 gram, and Rs.6,588/- from the applicant, thereafter, aforesaid offence has been registered against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 09.01.2025. He further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He 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 appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the quantity of contraband article i.e. PROXTCO-SPAS 36 Nos. strips total weight 675 gram, and Rs.6,588/- recovered from the possession of the applicant 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. 3 6. From perusal of the case diary, it transpires that the contraband articles i.e. PROXTCO-SPAS 36 Nos. strips total weight 675 gram, and Rs.6,588/- recovered from the possession of the applicant is much above the commercial quantity, further the applicant has failed to give plausible explanation regarding the same, it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant - Ashrafh Mirja, involved in Crime No. 45/2025 registered at Police Station Supela, District - Durg (C.G.), for the offence punishable under Sections 8/22 & 22(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 Akhil