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2025 DAILYLAW 41963 (CHH)

NITIN BESKAR v. STATE OF CHHATTISGARH

MCRC/7350/2025 · 2025-09-24

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Judgment text

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1 2025:CGHC:49172 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7350 of 2025 1. Nitin Beskar S/o Rajesh Beskar Aged About 24 Years R/o Ward No. 22, Itarsi District- Narmadapuram, Madhya Pradesh 2. Anshul Amrohi S/o Anil Amrohi Aged About 20 Years R/o Ward No. 22, Itarsi District- Narmadapuram, Madhya Pradesh. ... Applicants versus State of Chhattisgarh Through- Police Station Singhora, District- Mahasamund, Chhattisgarh. ... Non-Applicant For Applicants : Mr. Sabyasachi Bhaduri, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.32/2025, registered at Police Station: Singhora, District- Mahasamund (C.G.) for the offences punishable under Section PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.26 10:23:29 +0530 2 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution story, is that on 04.04.2025 at approximately 6:10 PM, acting on confidential information, police personnel from Police Station Singhora were conducting rural patrolling near Village Chivrakuta. They received intelligence that two individuals were carrying ganja in a suitcase and a bag near NH-53, Murmuri Chowk. Upon reaching the location, the police identified two individuals matching the description provided by the informer. The suspects attempted to flee but were apprehended by the police team. During preliminary questioning, they allegedly confessed to carrying ganja for sale and identified themselves as Anshul Amrohi and Nitin Beskar, residents of Ward No. 22, Itarsi, District Narmadapuram, Madhya Pradesh. A search of their belongings allegedly led to the recovery of 11 packets of ganja, weighing a total of 22 kilograms - 5 packets (9.320 kg) found in a gutkha bag and 6 packets (12.680 kg) in a suitcase. The contraband was seized, sealed on the spot, and valued at approximately Rs.3,30,000. Based on the seizure, Crime No. 32/2025 was registered under Section 20(B) of the NDPS Act. Both accused were arrested the same day and remanded to judicial custody. After completion of the investigation, a charge sheet was filed under Section 20(B) of the NDPS Act before the competent Court. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this 3 case. It is further submitted that there are discrepancies in the quantity of the seized contraband in 2 places of the charge-sheet, In the very first page the quantity of the seized contraband is written as 19.800 Kgs which makes it less than commercial quantity. Further the charge-sheet has been filed and the applicants have no previous criminal antecedents. The applicants are in jail since 04.04.2025. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the quantity of 22 kilograms contraband (ganja) has been seized from the joint possession of the applicants, which is much more than the commercial quantity. Further, the charge-sheet has been submitted. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that quantity of contraband article i.e. 22 Kgs of Ganja, which is much more than the commercial quantity, and the applicants have failed to give any explanation for the same and it cannot be said to be a case of false implication, accordingly, the bail application of applicant Nos. 1 and 2 – Nitin Beskar and Anshul Amrohi involved in Crime No.32/2025, registered at Police Station: Singhora, District- Mahasamund (C.G.) for the offences punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS 4 Act, is rejected at this stage. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. 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 Preeti