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2025 DAILYLAW 42416 (CHH)

NARESH NAYAK v. UNION OF INDIA

MCRC/7078/2025 · 2025-09-09

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Judgment text

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1 2025:CGHC:46216 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7078 of 2025 1 - Naresh Nayak S/o Parbe Nayak Aged About 24 Years R/o Beedabaaru, Post- Urladani, P.S. Madanpur, District- Kalahandi, Odisha. 2 - Ranjit Nayak S/o Raju Nayak Aged About 20 Years R/o Budhaduring, P.S. Madanpur, District- Kalahandi, Odisha. ... Applicant versus Union Of India Through Home Ministry, Narcotics Control Bureau, Zonal Division Raipur, Raipur, (C.G.) ---- Non-applicant For Applicants : Mr. Manoj Kumar Yadav, Advocate. For Non-applicant/UOI : Mr. Niraj Baghel, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.09.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Special Criminal Case No.80/25, registered at Narcotics Control Bureau, Raipur Regional Office, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 District – Raipur (C.G.) for the offences punishable under Section 20(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that the Investigating Officer has received a secret information through the informant and on the basis of the said information, the Investigating Officer has seized a total of 31.780 Kgs of Ganja from the possession of the present applicants. Thereafter, the applicants was arrested and the case was registered by the Police. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 20.11.2024, and till date the trial has not yet been concluded. Therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the respondent/UOI opposes the bail application and submits that a total of 31.780 Kgs of Ganja has been seized from the possession of the applicants, which is more than the commercial quantity. He further submitted that he is neither having the copy of the complaint, nor having the information about the criminal antecedents of the applicants from the State of Odisha. It is further submitted that the charge-sheet has been filed in this case. Hence, this bail application is liable to be rejected. 3 5. I have heard learned counsel for the parties and perused the material available on record. 6. On the pointed query being made from the learned counsel for the parties regarding the status of the trial, both of them are unable to inform this Court, but taking into consideration the fact that the quantity of contraband article seized from the possession of the applicants i.e. 31.780 Kgs of Ganja, is more than the commercial quantity and the applicants are failed to give any explanation for the same and it could not be a case of false implication, the charge-sheet has been filed in this case, hence, the bail application of applicants – Naresh Nayak and Ranjit Nayak involved in Special Criminal Case No.80/25, registered at Narcotics Control Bureau, Raipur Regional Office, District – Raipur (C.G.) for the offences punishable under Section 20(C) and 29 of the NDPS Act, is rejected at this stage. 7. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, 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 Rajshekhar