Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:46354
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6436 of 2025 Harjit Singh S/o Mahendar Singh (Wrongly Mentioned As Mahendra Singh) Aged About 25 Years R/o Chandmari, Raigarh, Tahsil And District- Raigarh, C.G.
... Applicant versus State of Chhattisgarh Through The Police Station- City Kotwali, District - Raigarh, C.G.
... Non-applicant For Applicant : Mr. Hari Agrawal, 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 20 (b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story, in brief, is that on 09.01.2025, the police authorities received a tip-off that the accused Mahendra Singh, along with another person, was sitting in a grey Swift Dzire bearing registration ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.12 10:53:06 +0530
2 No. CG-13-UC-5963. It was further informed that contraband substance/ganja was kept in the said car and that he was about to leave for Dhimrapur for the purpose of selling it. It was also informed that two other cars, namely a Creta and a Tata Tigor, were parked inside his rented premises at HIG 44, Bande Ali Fatmi Road, and that another silver Creta car was standing outside his house with ganja kept inside, which was to be transported for sale. Acting on the said tip-off, the police authorities constituted a raid party and cordoned off the spot. After some time, a grey Swift Dzire bearing registration No. CG-13-UC-5969 was seen coming from Circuit House Square. The vehicle was intercepted, and upon questioning, it was revealed that the vehicle was being driven by accused Mahendra Singh, with one Kishan Kashyap as the co- passenger. On search, the raid party found a total of 13 packets wrapped in coloured tape, kept in a white bag inside the car. Pursuant to the same tip-off, a silver Creta bearing registration No. CG-12-BC-9751 was found parked outside the rented house of accused Mahendra Singh.
On questioning, it was found that the applicant herein, who happens to be the son of accused Mahendra Singh, was sitting in the driver’s seat. Upon search, the police authorities recovered a total of 08 packets wrapped in coloured tape from the said car. Further, when accused Mahendra Singh was asked about the cars parked inside his rented premises, he admitted that the said vehicles were registered in his name. On search conducted in the presence of witnesses, it was found that in the Tata Tigor bearing registration No. CG-13-AJ-8958, a total of 58 packets of contraband were kept in 05 plastic bags, and in the silver Creta bearing registration No. OD-23-E-4047, a total of 32 packets of contraband were kept in 02 plastic bags. Thus, cumulatively, a total of 111 kilograms of ganja was recovered from all the vehicles. Accordingly,
3 an FIR being Crime No. 18/2025, for offences punishable under Sections 20(b) and 29 of the NDPS Act, was registered against six accused persons, namely: Mahendra Singh, Kiran Kashyap, Harjeet Singh, Shekh Babu, Madhu Choudhary, Gopal Bhoy. 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 joint possession of the present applicant and other co-accused person. 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, is 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 – Harjit Singh, involved in Crime No. 18/2025 registered at Police Station – City Kotwali, District –
4 Raigarh (C.G.), for the offence punishable under Section 20 (b) and 29 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