Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:41601
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6471 of 2025 1 - Ashutosh Meher S/o Kartikeshwar Meher Aged About 20 Years R/o Village Baldhiamal, Thana - Junagarh, District - Kalahandi (Odisha) 2 - Kshirod Meher S/o Vishwamitra Meher Aged About 33 Years R/o Village Baldhiamal, Thana - Junagarh, District - Kalahandi (Odisha)
... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Devbhog, District - Gariyaband Chhattisgarh
... Respondent (Cause title is taken from Case Information System) For Applicants : Ms. Anjali Pradhan, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/08/2025
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 applicants who have been arrested in connection with Crime No. 175/2024 registered at Police Station Devbhog, District – Gariyaband (C.G.), for the offence punishable under Section 20(B) and 11(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.19 17:48:24 +0530
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2. Case of the prosecution, in brief, is that on 30.05.2024, ASI Prahlad Thakur of Police Station Devbhog along with his staff had gone for patrolling. As soon as they reached village Tikrapara, they got information from the informer that two person were coming from Junagarh Odisha towards Khutgaon Gariyaband in a silver red color T.V.S. Star City Bike with registration no. OD-08-AH-1867 ganja back side in bike ganja for sale. Total 22 kg ganja was found from joint possession of the applicants. On the above information offence have been registered against the present applicants. 3. Learned counsel for the applicant would submit that the applicants have been falsely implicated in this case and they are in jail since
30.05.2024. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case and trial may take quite long time. Accordingly, he prays for enlarging the applicants 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 possession of the applicants, which is above the commercial quantity and as such, the applicants are not entitled to be released on bail. 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 applicants are 22kg of Cannabis (Ganja) which is 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. 3
7. Accordingly, the bail application of the applicants – Ashutosh Meher and Kshirod Meher filed under Section 483 of BNS, involved in Crime No.175/2024 registered at Police Station Devbhog, District – Gariyaband (C.G.), for the offence punishable under Section 20(B) and 11(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)
Chief Justice vaishali