Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:36930
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5906 of 2025 Dilip Kumar Hial S/o Kusala Hial, Aged About 22 Years R/o Barniput, Police Station Jaipur Sadar, District Koraput (Odisha)
... Applicant versus State of Chhattisgarh Through - The Station House Officer Police Station Bastar District Bastar (C.G.)
... Non-applicant For Applicant : Mr. Dinesh Yadav, Advocate. For Non-Applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.07.2025
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. 72/2025 registered at Police Station Bastar, District - Bastar (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the brief prosecution story, the police of Police Station Bastar received secret information, and on the basis of the said information, a raid was conducted. During the raid, a total of 22.588 kg of contraband Ganja was recovered from the possession of the co-accused persons. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.31 12:00:12 +0530
2 Based on the memorandum statement of the co-accused, the present applicant was arrested. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the said contraband article was not seized from the possession of the present applicant. He also submits that only on the basis of memorandum statement of the co-accused person, the applicant has been made an accused in the present case. He also submits that mandatory provisions of NDPS Act and the concerned police station did not take proper investigation before lodging FIR against the applicant. He further submits that the present applicant is in jail since 27.06.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that though the charge-sheet has been filed in the present case before the competent Court, the contraband artice i.e. 22.588 Kgs of Ganja was recovered from the joint possession of the applicant and other co-accused persons, which are 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. From perusal of the case diary, it transpires that the article which has been seized from the possession of the joint possession of the applicant along with other co-accused person is much above the commercial quantity and the applicant has not been able to give an explanation of the same, further it cannot be a case of false implication. 3
7. Accordingly, the bail application of the applicant - Dilip Kumar Hial, involved in Crime No. 72/2025 registered at Police Station Bastar, District - Bastar (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/-
(Ramesh Sinha)
Chief Justice Abhishek