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2025 DAILYLAW 39735 (CHH)

RAVIPAL v. STATE OF CHHATTISGARH

MCRC/6507/2025 · 2025-09-10

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Judgment text

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1 2025:CGHC:46599 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6507 of 2025 Ravipal S/o Indrapal Aged About 20 Years R/o Amul Colony Subhashnagar P.S. Gandhinagar District Sarguja Permanent R/o Pandopara P.S. Jainagar, District Surguja C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer Gandhinagar District Sarguja C.G. (Wrongly Mentioned As District Raipur) ... Non-Applicant For Applicant : Mr. Arvind Sinha, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.09.2025 1. This is the 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.330 /2024 registered at Police Station – Station House Officer Gandhinagar, District - Sarguja (C.G.), for the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act. 2. The prosecution case in short is that, during the petroleum, on 06.06.2024 the staff of police has seized the Talgesic Buprenorphine VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.12 12:54:04 +0530 2 Injection IP 02 ML total 27 piece and Avil Pheniramine Maleate Injection IP 10 ML total 25 piece from the possession of the applicant, after registration of FIR, the police has arrested the applicant on 06.06.2024. Hence this bail application filed before this Hon'ble Court. 3. The applicant submits that he is innocent and has not committed any of the offences alleged against him. No article has been seized from his exclusive possession, and he is not a habitual offender of the alleged crime. Moreover, the mandatory provisions regarding search and seizure were not followed by the Investigating Officer, which raises serious doubts about the investigation. He further submits that the trial is in progress and three prosecution witnesses have already been examined. The applicant has been in jail since 06.06.2024, and the challan has already been filed before the learned trial Court. He is a permanent resident at the address mentioned in the cause title and is ready to abide by all directions and conditions that may be imposed by this Hon’ble Court. Therefore, he prays that he be enlarged on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submits that the contraband Talgesic Buprenorphine Injection IP 02 ML total 27 piece and Avil Pheniramine Maleate Injection IP 10 ML total 25 piece from the possession of the applicant, which are much 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. Considering the overall facts and circumstances of the case, it is observed that contraband articles, namely Talgesic Buprenorphine Injection IP 2 ml (27 pieces) and Avil Pheniramine Maleate Injection IP 10 ml (25 pieces), were recovered from the possession of the applicant. The total quantity of the contraband so recovered is much above the threshold of 'commercial quantity' as defined under the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant has failed to provide any satisfactory explanation regarding the possession of the said contraband. Therefore, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application of the applicant - Ravipal, involved in Crime No.330 /2024 registered at Police Station – Station House Officer Gandhinagar, District - Sarguja (C.G.), for the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, is rejected. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously within a period of four months from the date of receipt of a certified copy of this order if the same has already not concluded further if there is no legal impediment. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav