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2025 DAILYLAW 37433 (CHH)

MAHENDRA SINGH v. STATE OF CHHATTISGARH

MCRC/6311/2025 · 2025-09-09

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Judgment text

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1 2025:CGHC:46353 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6311 of 2025 Mahendra Singh S/o Baba Singh Aged About 49 Years Occupation Labour R/o Chandmari Raigarh, Tahsil And District - Raigarh Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - City Kotwali, District Raigarh Chhattisgarh ... Non-applicant For Applicant : Mr. Amit Kumar, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.09.2025 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. 18/2025 registered at Police Station – City Kotwali, District – Raigarh (C.G.), for the offence punishable under Section 29 and 20(B), (ii), (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution, in brief, is that on 09.01.2025, on the basis of secret information received from an informant, it was found that in vehicles, namely a grey Swift Dzire car bearing registration No. CG-13- UC-5963, a Creta, and a Tata Tigor, owned by the applicant along with ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.12 10:52:37 +0530 2 other co-accused persons, a total of 111 kg of ganja was recovered collectively from all three vehicles at Chandmari Square, Circuit House, Raigarh. During interrogation, in the memorandum statement of the main accused, the name of the present applicant surfaced, and it was stated that the applicant had come and stayed at Raigarh Lodge for the purpose of purchasing ganja. On the basis of such investigation, the present applicant was arrested on 09.01.2025 for offences punishable under Section 20(B) of the NDPS Act. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article i.e. 111 kgs of ganja was not seized from the possession of the present applicant. He also submits that the present applicant has no criminal antecedents and he is in jail since 09.01.2025, 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 charge-sheet has already been submitted before the competent Court in the present case. He further submits that from the joint possession of the present applicant along with other co-accused persons total of 111 kg of ganja was recovered, 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 joint possession of the present applicant other co-accused person which is 3 much above the commercial quantity and the applicant has failed to give any explanation for the same and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Mahendra Singh, involved in Crime No. 18/2025 registered at Police Station – City Kotwali, District – Raigarh (C.G.), for the offence punishable under Section 29 and 20(B), (ii), (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 Abhishek