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2025 DAILYLAW 42998 (CHH)

CHANDAN PANDA v. STATE OF CHHATTISGARH

MCRC/7555/2025 · 2025-09-18

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Judgment text

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1 2025:CGHC:48348 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7555 of 2025 Chandan Panda S/o Ramchandra Aged About 24 Years R/o Rajpur, Police Station Bode, District : Nuapada, Orissa ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Devbhog, District : Gariyabandh, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Bharat Lal Sahu, Advocate. For Respondent(s) : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/09/2025 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 applicant who has been arrested in connection with Crime No. 197/2024 registered at Police Station Devbhog, District : Gariyabandh (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 21 June 2024 at about 6:15 P.M., Inspector Gautam Chand Gawde of Devbhog Police Station, District Gariaband, received a mobile tip-off that two men were transporting cannabis in a silver Scorpio vehicle (CG-04/JC- 7500) from Behera, Odisha toward Khutgaon. Police set up a checkpoint and stopped the vehicle. The driver identified himself as Chandan Panda (present applicant), and the passenger as Atul Kumar Panda. During a search conducted under the NDPS Act, officers recovered 69.440 Kgs of cannabis (ganja) packed in two white plastic sacks, which led to the registration of the alleged offence against the applicant. Hence, the bail applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 21.06.2024. He further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He also submits that the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicants on regular bail. 4. 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. She further submits that the quantity of contraband article i.e. 69.440 Kgs of cannabis (ganja) packed in two white plastic sacks recovered from the possession of the applicant, which is much above the commercial quantity as notified under the NDPS Act and as such, the applicant is 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 articles i.e. 69.440 Kgs of cannabis (ganja) packed in two white plastic sacks recovered from the possession of the applicant is much above the prescribed commercial quantity threshold and counsel for the applicant has failed to give plausible explanation regarding the same, further it cannot be a case of false implication, particularly when the trial is in progress. 7. Accordingly, the bail application of the applicant - Chandan Panda, involved in Crime No. 197/2024 registered at Police Station Devbhog, District : Gariyabandh (C.G.), for the offence punishable under Section 20(b)(ii)(C) 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