Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:38842
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6163 of 2025 Mohan Sahu S/o Vinod Sahu Aged About 19 Years R/o Sahu Para, Arang, District- Raipur (C.G.)
... Applicant versus State Of Chhattisgarh Through Station House Officer - Police Station, Arang, District- Raipur (C.G.)
... Respondent For Applicant : Shri Syed Mohammad Sohail Afzal, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/08/2025
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.193/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.11 17:57:47 +0530
2 Arang, District Raipur (C.G.) for the offence punishable under Section 20 (B) of NDPS Act. 2. Case of the prosecution, in brief, is that on 16.04.2025, based on a tip-off, the police conducted a search and recovered 30 kilograms of ganja from the joint possession of Mohan Sahu and other co-accused, leading to their arrest and charges under the NDPS Act for possession of a commercial quantity of the narcotic substance. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and mandatory provisions with regard to search and seizure were not complied with in this case. He would further submit that the applicant is in jail since 16/04/2025, charge sheet has been filed and conclusion of the trial may take quite long time, therefore he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/respondent would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She would further submit that 30 kilograms of ganja has been seized from the joint possession of three accused persons including the present applicant, which is 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. 3
6.
From perusal of the case diary, it transpires that the contraband article i.e. 30 kilograms of Ganja which has been seized from the joint possession of three accused persons including the present applicant is above the commercial quantity, further the applicant has failed to give explanation for the same and it cannot be a case of false implication, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant Mohan Sahu, involved in Crime No.193/2025 registered at Police Station Arang, District Raipur (C.G.) for the offence punishable under Section 20 (B) of NDPS Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/-- Sd/-
(Ramesh Sinha)
Chief Justice
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