Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:45408
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7056 of 2025 Vipin Pal S/o Vijayshankar Pal Aged About 20 Years R/o Kulhdiya Police Station Kondhyara, District Prayagraj (U.P.)
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Dongripali, District : Sarangarh-Bilaigarh, Chhattisgarh
... Respondent(s) For Applicant(s) : None. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/09/2025
1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since
09.11.2024. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
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3. 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 applicant who has been arrested in connection with Crime No. 64/2024 registered at Police Station Dongripali, District : Sarangarh-Bilaigarh (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 4. The case of the prosecution, in brief, is that on 31.01.2025, the police at Police Station Dongripali received secret information from an informant that unknown persons were transporting illegal contraband (ganja) for sale in a pickup vehicle bearing registration number U.P. 70 N.T. 7701. Acting on this information, the police conducted a search and seized 89.320 kilograms of ganja from an open place at the incident site. Accordingly, an offence under Section 20(B) of the NDPS Act was registered against other accused persons. The present applicant was arrested later on 09.11.2024, on the basis of a memorandum statement. Hence, the bail application. 5. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court.
He further submits that the quantity of contraband article i.e. 89.320 Kgs of Ganja recovered from the open place, which is much above the commercial quantity as notified under the NDPS Act and the name of present applicant has come into light from the memorandum
3 statement of the co-accused during the course of investigation, as such, the applicant is not entitled to be released on bail. 6. I have perused the case diary. 7. From perusal of the case diary, it transpires that the contraband articles i.e. 89.320 Kgs of Ganja recovered from the open place, which is much above the commercial quantity as notified under the NDPS Act and the name of present applicant has come into light from the memorandum statement of the co-accused during the course of investigation, further it is an organized crime and the applicant has failed give plausible explanation regarding the same, it cannot be a case of false implication, particularly when the trial is in progress. 8. Accordingly, the bail application of the applicant - Vipin Pal, involved in Crime No. 64/2024 registered at Police Station Dongripali, District : Sarangarh-Bilaigarh (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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