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2025 DAILYLAW 36098 (CHH)

GIRIRAJ RENGAR v. STATE OF CHHATTISGARH

MCRC/5811/2025 · 2025-07-24

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Judgment text

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1 2025:CGHC:36103 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5811 of 2025 Giriraj Rengar S/o Bhairuram Rengar Aged About 28 Years R/o Village Bihajhar Police Station - Viratnagar, District Jaipur, Rajasthan ... Applicant versus State of Chhattisgarh Through S.H.O. Police Station- Bagbahara, District Mahasamund (C.G.) ... Non-Applicant For Applicant : Mr. Shikhar Agnihotri, Advocate. For Non-Applicant/State : Ms. Saumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.245/2024, registered at Police Station: Bagbahara, District Mahasamund (C.G.) for the offences punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution story, is that on 05.10.2024, Assistant Sub- Inspector Janak Lal Patel of the Mahasamund police station received PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.25 19:32:44 +0530 2 information from an informer that a Rajasthan-registered 6-wheeler truck, bearing registration number RJ 52 GA 6933, was being used to illegally transport a narcotic substance, Ganja, from Odisha to Bagbahara, District Mahasamund, via Komakhan. It was likely to pass through the Bagbahara area between 5:00 PM and 7:00 PM. Based on this information, he proceeded to Komakhan Road. The vehicle, a 6- wheeler truck with number RJ 52 GA 6933, was found parked near Ramdev Rajasthani Dhaba on the main road from Bagbahara to Komakhan. The vehicle was covered with tarpaulin, and the driver was present. When asked about his name and address, the driver identified himself as Giriraj Rengar. Upon searching the 6-wheeler truck, a bullet was found in the rear portion of the vehicle. After removing the tarpaulin, Ganja weighing 170.560 kg, worth Rs. 25,58,400, was found hidden in 6 separate white bags along with an old transformer. It was recovered from the sole possession of accused Giriraj Rengar. He was duly arrested after seizing the substance, and a First Information Report was registered against accused Giriraj Rengar at Bagbahara police station under crime number 245/2024, section 20(b) of the NDPS Act. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the charge-sheet has been filed and the applicant is in jail since 06.10.2024. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the total quantity of 170.560 Kgs Ganja 3 has been seized from the possession of the applicant, which is much more than the commercial quantity. Further, the charge-sheet has been submitted. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that quantity of contraband article i.e. 170.560 Kgs Ganja, which is much more than the commercial quantity and the applicant has failed to give any explanation for the same and it cannot be said to be a case of false implication, further the charge-sheet has been submitted and the trial is in progress, the bail application of applicant – Giriraj Rengar involved in Crime No.245/2024, registered at Police Station: Bagbahara, District Mahasamund (C.G.) for the offences punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti