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2025:CGHC:38103 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1171 of 2025 Sunil Naag S/o Ganpat, Aged About 32 Years R/o Village - Paikpal, Bakawand, Distt. Bastar (C.G.) ... Applicant
versus State Of Chhattisgarh Through - S H O, Police Station - Kukdur, District - Kabirdham (C.G.) ... Non-applicant For Applicant : Mr. Vaibhav A. Goverdhan, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 01.08.2025
1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 33/2025, registered at Police Station - Kukdur District – Kabirdham (C.G.) for alleged commission of offence punishable under Sections 20(b) of the Narcotic Drugs Psychotropic Substances Act (in short, NDPS Act). 2. The prosecution story in short is that, on 07.03.2025, on the basis of the secret information, the police of police station – Kukdur has intercepted one vehicle blue coloured TATA ACE “Chhota Hathi” VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.06 18:45:22 +0530
2 bearing registration No. CG/17 KL/4453, which as being driven by co- accused Dulbo Bisoi and upon search 60.345 Kg. “Ganja” has been found in the vehicle. It is further case of the prosecution that, said vehicle is registered in the name of one Ganpat Naag and as the applicant is his son, therefore, by alleging that, applicant use to took after the affairs of the said vehicle, hence the applicant has been made accused in this case. 3. The applicant respectfully submits that he has been falsely implicated in the present case without any direct evidence linking him to the alleged offence. He is neither the owner nor the driver of the vehicle in which the contraband ("Ganja") was found, and there is no material on record to suggest that he had control over or knowledge of the contraband being transported. The vehicle was previously owned by the applicant’s father, Ganpat Naag, who had sold it to one Surjo Bhatra on 28.01.2025, and this fact was verified by the police, following which Ganpat Naag was released. Despite the transfer, Surjo Bhatra failed to apply for a change of ownership with the RTO. The applicant believes he has been implicated merely on conjecture, possibly to harass or extort him.
He assures the Hon’ble Court of his willingness to comply with all conditions imposed for anticipatory bail, asserts that he is a resident of Village Paikpal, Bakawand, District Bastar (C.G.), and submits that there is no risk of his absconding. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 3
5. I have heard learned counsel for the parties and perused the material available on record. 6. Recently the Supreme Court in the matter of Anarul SK v. The State of West Bengal {SLP (Crl.) No(s). 12621/2024 has observed that the grant of anticipatory bail in cases involving Narcotic Drugs and Psychotropic Substances (NDPS) is a very serious issue. 7. In the light of observation made by the Supreme Court in Anarul SK (supra), I do not find any good ground to entertain this anticipatory bail application. Accordingly, the present anticipatory bail application is dismissed. Sd/- (Ramesh Sinha) Chief Justice vaibhav