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2025 DAILYLAW 33360 (CHH)

PRABHAKAR PATI v. STATE OF CHHATTISGARH

MCRC/5275/2025 · 2025-07-13

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1 2025:CGHC:32608 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5275 of 2025 1 - Prabhakar Pati S/o Shri Ravindra Kumar Aged About 37 Years R/o Village- Lefaripada, Distt- Sundargarh (Odisha) 2 - Satyjeet Bhoi S/o Saroj Kumar Bhoi Aged About 25 Years R/o Mangalpur, Thana- Katabaniya, Distt.- Dhekanal (Odisha) ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer Police Station- Singhoda, Distt. Mahasamund C.G. ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Sumit Shrivastava, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/07/2025 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 applicants who have been arrested in connection with Crime No.29/2024 registered at Police Station Singhoda, District – Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 2. Case of the prosecution, in brief, is that on 25/03/2024 officers of Police Station Singhoda Distt. Mahasamund (C.G.) have received the secret information regarding transport of the contraband articles by two person through vehicle Tata Truck No. OD15 W9593 so the information is recorded in the Rojnamcha search team was constituted and the witnesses were called and police reached the spot, driver of the vehicle after seeing the police tried to flee but captured by the police and he admitted that he is transporting ganja from sambalpur odisha to gujrat, upon inspection police found 150 packets of ganja each having 1 kilograms so total 150 kgs ganja was seized from the vehicle after completing the investigation charge sheet has been filed on 07/06/2024 and applicant is in jail since his arrest. 3. Learned counsel for the applicant would submit that the applicants have been falsely implicated in this case and they are in jail since 25.03.2024. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the 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 would oppose the bail application and submit that the charge-sheet has been filed before the competent Court and the quantity of contraband article i.e. 150kg of Cannabis (Ganja) recovered from the possession of the applicants and they are resident of the State of Odhisha, 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. 3 6. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is 150kg of Cannabis (Ganja) which is much above the commercial quantity and charge-sheet has been filed in the present case and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicants – Prabhakarb Pati and Satyjeet Bhoi filed under Section 483 of BNSS., involved in Crime No.29/2024 registered at Police Station Singhoda, District – Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Registrar (Judicial) 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