MOHAN PANDURANGI GULGHANE v. STATE OF CHHATTISGARH
MCRC/6868/2025 · 2025-08-31
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40511 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40511 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:44307
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6868 of 2025 1 - Mohan Pandurangi Gulghane S/o Pandurangi Gulghane Aged About 23 Years R/o Sawli, Post - Taroda, Thana - Hinganghat, District - Vardha (Maharastra) 2 - Karan Siddharth Fulmali S/o Siddharth Fulmali Aged About 24 Years R/o Sawli, Post - Taroda, Thana - Hinganghat, District - Vardha (Maharastra)
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Singhoda District Mahasamund Chhattisgarh
... Respondent(s) For Applicant(s) : Ms. Anjali Pradhan, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/09/2025
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. 74/2023 registered at Police Station, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 Singhoda District Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 03.09.2023 at 21:35 P.M., the applicants were found in possession of 80 Kgs of Ganja, which was kept in vehicle Innova Car bearing registration No.MH- 31-EQ-0550, thereafter, aforesaid offence has been registered against the applicant and subsequently they were arrested. Hence, the bail application. 3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case and they are in jail since
03.09.2023. She would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. She would also submit that the seizure witnesses have already been examined before the trial Court and have turned hostile, further the conclusion of the trial may take quite long time. Accordingly, she 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 in the present case before the competent Court. He would further submit that the quantity of contraband article i.e. 80 Kgs of Ganja recovered from the possession of the applicants, which is much above the commercial quantity and as such, the applicants are 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 contraband article i.e. 80 Kgs of Ganja, recovered from the possession of the applicants is much above the commercial quantity, further the applicants have failed to give explanation for the same and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicants-Mohan Pandurangi Gulghane and Karan Siddharth Fulmali, involved in Crime No. 74/2023 registered at Police Station, Singhoda District Mahasamund (C.G.), for the offence punishable under Section 20(b) 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. - Sd/-
(Ramesh Sinha)
Chief Justice Akhil