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2025 DAILYLAW 43318 (CHH)

NAVEEN KUMAR EDWANI v. STATE OF CHHATTISGARH,

MCRC/7933/2024 · 2025-01-03

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Judgment text

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1 2025:CGHC:382 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7933 of 2024 Naveen Kumar Edwani S/o Manohar Lal Edwani, Aged About 48 Years R/o H-37, Anand Vihar, Anand Nagar, Sector-2, Telibandha Raipur, Chhattisgarh. Wrongly Mentioned Before Trial Court as Naveen Kumar Edwani S/o Manohar Lal Edwani, Aged About-48 Years, R/o H-37, Anand Vihar Nanad Nagar, Sector-2, Telibandha, Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh, Through- Station House OfÏcer, Police Station-Civil Lines, District-Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Manoj Paranjpe, Advocate along with Ms. Pratibha Sahu, Advocate. For Non-Applicant : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.01.2025 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. 1004/2024 registered at Police Station – Civil Lines, District - Bilaspur (C.G.), for the offence punishable under Sections 21, 22, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 61(2) of the Bhartiya Nyay Sanhita, 2023. ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.01.06 18:37:52 +0530 2 2. Case of the prosecution, in brief, is that the Police of Police Station – Civil Lines, District - Bilaspur (C.G.), had received secret information from the informant and on the basis of the said information conducted a raid and seized contraband article i.e. total 150 ampules of injection from the joint possession of the co- accused persons and the present applicant has used to supply the said contraband article. Thereafter, the Police has registered the offence punishable under Sections 21, 22, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 61(2) of the Bhartiya Nyay Sanhita, 2023 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, the contraband article was seized from the joint possession of the co-accused persons. He also submits that the applicant is nowhere linked to the instant crime, as he operates a medical store called “Rajdhani Medical Store” with a proper license. He further submits that the present applicant is in jail since 26.10.2024 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 150 ampules of injection from the joint possession of the co-accused persons and the present applicant has used to supply the said contraband article, which is much 3 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. 6. Considering the facts and circumstances of the case and further the fact that the contraband article i.e. total 150 ampules of injection from the joint possession of the co-accused persons and the present applicant has used to supply the said contraband article, 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 – Naveen Kumar Edwani, involved in Crime No. 1004/2024 registered at Police Station – Civil Lines, District - Bilaspur (C.G.), for the offence punishable under Sections 21, 22, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 61(2) of the Bhartiya Nyay Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trail 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 Ashish Tiwari/Rahul Dewangan