Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 3561 (CHH)

NEERAJ TAMRAKAR v. STATE OF CHHATTISGARH

MCRC/867/2025 · 2025-01-31

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:5749 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 867 of 2025 • Neeraj Tamrakar S/o Murli Tamrakar Aged About 30 Years R/o Narayan Ganj, Near Nawghat P.S. Tikariya District Mandla M.P. ... Applicant versus • State of Chhattisgarh, Through Station House Officer, Police Station Purani Basti, District Raipur (C.G.) ... Respondent For Applicant : Mr. Bharat Lal Sahu, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/01/2025 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. 406/2024 registered at Police Station– Purani Basti, District– Raipur (C.G.), for the offence punishable under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.01.31 15:05:23 +0530 2 2. Case of the prosecution, in brief, is that on 30.09.2024, the Police of Police Station Purani Basti, District Raipur had received a secret information from the informant and on the basis of the said information conducted a raid and seized 40 kg contraband (ganja) from the possession of the present applicant. Consequently, the Police registered an offence punishable under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He further submits that the present applicant is in jail since 30.09.2024 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 articles is 40 kg, 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 possession of the present applicant is much above the 3 commercial quantity and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Neeraj Tamrakar, involved in Crime No. 406/2024 registered at Police Station– Purani Basti, District– Raipur (C.G.), for the offence punishable under Section 20(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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Priyanka