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2025 DAILYLAW 38205 (CHH)

TARUN SARDAR v. STATE OF CHHATTISGARH

MCRC/6246/2025 · 2025-08-06

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Judgment text

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1 2025:CGHC:39524 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6246 of 2025 Tarun Sardar Son of Kishor Sardar, Aged About 21 Years Resident of Digma Dhalipara P.S. Gandhinagar, District Sarguja Chhattisgarh. ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station Gandhinagar District Sarguja (Wrongly Mentioned As Raipur In Annexure A-1), (C.G.) ... Non-applicant For Applicant : Mr. Sudhir Kumar Sahu, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.08.2025 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. 260/2025 registered at Police Station – Gandhinagar, District – Sarguja (C.G.), for the offence punishable under Section 22-C of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, in brief, the concerned police station at Gandhinagar received secret information from an informant that, on the date of the incident, an unknown person was in possession of illegal ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.08 15:46:03 +0530 2 banned medicines with the intention to sell. Acting on the information, the police conducted a raid and seized 17 ampules of Telgesic Buprenorphine Injection IP 02 ml and 21 vials of Avil Pheniramine Maleate Injection IP 10 ml from an open place at the scene of the incident. As a result, an offence punishable under Section 22-C of the NDPS Act was registered against the applicant and other accused persons. A copy of the FIR is annexed herewith as Annexure A-2. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article were not seized from the possession of the present applicant. 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 27.04.2025 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 alleged contraband article which is recovered from the possession of the present applicant is much above the commercial quantity, therefore, he is not entitled for grant of regular 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 the fact that contraband article i.e. 17 ampules of Telgesic Buprenorphine Injection IP 02 ml and 21 vials of Avil Pheniramine Maleate Injection IP 10 ml were recovered from the possession of the applicant, which is much above the commercial quantity and the applicant has failed to give any explanation 3 for the same and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Tarun Sardar, involved in Crime No. 260/2025 registered at Police Station – Gandhinagar, District – Sarguja (C.G.), for the offence punishable under Section 22-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) ChiefJustice Abhishek