Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 35612 (CHH)

DIPANKAR VYAPARI v. STATE OF CHHATTISGARH

MCRC/5713/2025 · 2025-07-21

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:CGHC:34941 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5713 of 2025 Dipankar Vyapari S/o Sushant Vyapari, Aged About 34 Years R/o Singarpuri Camp, Near Ground, Present Borgaon, Near Vivekanand Chowk, P.S. Farasgaon, District Kondagaon (C.G.) ...Applicant versus State Of Chhattisgarh Through - The Police Station Farasgaon, District Kondagaon (C.G.) ... Respondent For Applicant : Mr. Praveen Kumar Tulsyan, Advocate. For Non-applicant/State : Mrs. Subha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.07.2025 1. The applicant has preferred this application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of bail, apprehending his arrest in connection with Crime No. 165/2024, registered at Police Station – Farasgaon District-Kondagaon (C.G.) for the alleged commission of offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act. 2. The story in brief is such that on 30.11.2024 the police of the police station Farasgaon District-Kondagaon have received confidential information regarding some persons transporting contraband “ganja” ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.07.24 18:15:04 +0530 on a motorcycle. Police have started checking the vehicles. The police have found that the co-accused person namely Subrat Rai to be in possession of 23.680 Kg of Ganja. The Police have arrested the co- accused person Subrat Rai and on the basis of his memorandum statement made the present applicant an accused and he was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that nothing has been seized from the present applicant, he has been made an accused merely on the basis of memorandum of the co-accused person namely Subrat Rai. There is no evidence of sale and purchase fo contraband by the present applicant. The applicant is languishing in jail since 01.05.2025. Hence he prays for enlarging the applicant on bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of contraband article i.e. total 23.680 kgs Ganja seized from the possession of the main accused who in his memorandum has taken the name of the present applicant along with one other co-accused. The seized Ganja is above the commercial quantity and as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record in the case diary, and further the fact that on the basis of the memorandum statement of the main accused Suprat Rai from whose possession the contraband article i.e. 23.680 kgs of Ganja was recovered, the present applicant as well as the other co-accused namely Jaydev Saha were arrested. The present case appears to be a case of organized crime. Also the bail application of co-accused namely Jaydev Saha has already been rejected by this Court vide order dated 07.03.2025 in MCRC No. 602 of 2025. 7. Accordingly, the bail application of the applicant –Dipankar Vyapari, involved in Crime No.165/2024, registered at Police Station – Farasgaon District Kondagaon (C.G.) for the alleged commission of offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, stands 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. sd/- (Ramesh Sinha) Chief Justice alfiza