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2025 DAILYLAW 38658 (CHH)

SANTOSH SUNA v. STATE OF CHHATTISGARH

MCRC/6221/2025 · 2025-08-05

body2025

Judgment text

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1 2025:CGHC:39310 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6221 of 2025 • Santosh Suna S/o Kalakanhoo Suna, Aged About 30 Years R/o Village Singbahali, Police Station Lathore, District - Balangir, Odisha (Particulars Of The Applicant Is Mentioned Correctly) ... Applicant versus • State Of Chhattisgarh Through Police Station Fingeshwar, District - Gariyaband (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Anmol Sharma, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/08/2025 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.12/2025 registered at Police Station Fingeshwar, District – Gariyabandh (C.G.), for the offence punishable under Section 20(B)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2 2. Case of the prosecution, in brief, is that on 22.05.2025 @ 4:10P.M. Police Authorities received an insider's tip that three to four persons in a car bearing no. OD02AT3166 were traveling from Odisha going towards Fingeshwar and Carrying narcotics psychotropic substance ganja. As soon as the police authorities received the information, they conducted raid at the spot near Village - Sorid, near Jogi Talab during raid car was spotted and stopped accordingly four persons were sitting in the car and upon search of the accused persons police authorities seized Ganja from joint possession of accused persons weighing about 22 Kgs from their possession. That after completion of investigation the police authorities have filed chargesheet for the offence as mentioned above in the application. The present applicant was arrested on 09.01.2025 and sent him to judicial custody. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 09.01.2025. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He also submits that the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed before the competent Court and the quantity of contraband article i.e. 22kg of Cannabis (Ganja) recovered from the joint possession of the applicant and other co-accused, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is 22kg of Cannabis (Ganja) which is much above the commercial quantity and charge-sheet has been filed in the present case and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant – Santosh Suna, filed under Section 439 of the Cr.P.C., involved in Crime No. Crime No. 12/2025 registered at Police Station Fingeshwar, District – Gariyabandh (C.G.), for the offence punishable under Section 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 trail 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/- Sd/- (Ramesh Sinha) Chief Justice vaishali