KRISHNA KUMAR @ KRISHNAA BANJARE v. STATE OF CHHATTISGARH
MCRC/671/2025 · 2025-01-24
body2025
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[ 2025 DAILYLAW 3568 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3568 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 (MCRC No. 671 of 2025)
2025:CGHC:4455
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 671 of 2025 1 - Krishna Kumar @ Krishnaa Banjare S/o Manohar Banjare Aged About 26 Years R/o Village Rohina, P.S. Rajim, District Gariyaband Chhattisgarh At Present Address Ward No, 10, Uparpara, Abhanpur, P.S.Abhanpur, District Raipur Chhattisgarh
--- Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Gobra Nawapara, District Raipur (C.G.)
--- Non-applicant(s) (Cause Title taken from Case Information System) For Applicant : Mr. Rekhraj Baghel, Advocate For Non-Applicant : Mr. Hari Om Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 24.01.2025
1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 472/2024 registered at Police Station, Gobra, Nawapara, District Raipur (C.G.), for the offence punishable ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.01.25 14:15:57 +0530
2 (MCRC No. 671 of 2025) under Section 20(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Case of the prosecution, in brief, is that on 30.10.2024, the Police received secret information from the informant and on the basis of such information, the Police nabbed the applicant and seized 20 kilograms of contraband “Ganja” from the possession of the applicant. Thereafter, the applicant was arrested for the offence under Section 20(c) of NDPS Act.
3.
Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 30.10.2024. 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 submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the quantity of contraband “Ganja” weighing 20 kilograms has been recovered from the possession of the applicant, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail.
3 (MCRC No. 671 of 2025)
5. I have heard learned counsel appearing for the parties and perused the case diary.
6. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is much above the commercial quantity and it cannot be a case of false implication and the trial is in progress.
7. Accordingly, the bail application of the applicant – Krishna Kumar @ Krishnaa Banjare, filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, involved in Crime No. 472/2024 registered at Police Station, Gobra, Nawapara, 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 emphasize that since the charge-sheet has already been submitted against the applicant, the concerned trial Court shall conclude the trial expeditiously in accordance with law, if there is no legal impediment.
9. Office is directed to send a certified copy of this order to the concerned trial Court for necessary information.
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Sd/-
(Ramesh Sinha)
Chief Justice @d!t!