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2025 DAILYLAW 4140 (CHH)

DULLABH ADJUAD v. STATE OF CHHATTISGARH

MCRC/605/2025 · 2025-01-22

body2025

Judgment text

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1 2025:CGHC:4024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 605 of 2025 Dullabh Adjuad S/o Kalia Adjuad Aged About 40 Years R/o Village- Chandotara, Police Station- Sindkala, District- (Revenue And Civil)- Balangir (Odhisa). ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Mandir Hasoud, District- Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Yogesh Pandey, Advocate For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.01.2025 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. 71/2024 registered at Police Station– Mandir Hasoud, District- Raipur, (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 the Police of Police Station – Mandir Hasoud, District- Raipur, (C.G.), had received secret RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.23 16:48:58 +0530 2 information from the informant and on the basis of the said information conducted a raid and seized total 71.943 Kgs contraband article Ganja from the joint possession of the present applicant and other co-accused persons. Thereafter, the Police has registered the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article was not recovered from the possession of the present applicant and no any contraband article has been seized from the applicant. He further submits total three prosecution witnesses were examined before the trial Court and out of which PW-1, PW-2 and PW-3 did not support the case of the prosecution. He further submits that the present applicant is in jail since 02.02.2024 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 quantity of contraband article i.e. total 71.943 kgs Ganja from the possession of the present applicant, which is 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 facts and circumstances of the case and further the fact that the contraband article i.e. total 71.943 kgs Ganja from the joint possession of the present applicant and other co-accused persons, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Dullabh Adjuad, involved in Crime No. 71/2024 registered at Police Station– Mandir Hasoud, District- Raipur, (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. OfÏce 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 Rahul Dewangan