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2025 DAILYLAW 45361 (CHH)

VISHAL KUMAR SINGH v. STATE OF CHHATTISGARH

MCRC/7976/2025 · 2025-10-08

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Judgment text

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1 2025:CGHC:50346 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7976 of 2025 Vishal Kumar Singh S/o Sunil Singh Aged About 20 Years R/o Sindhu Farm-House New Model Town P.S. Satnampura District - Kapurthala Punjab ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. City Kotwali District - Gariyaband 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 09/10/2025 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 19.03.2023. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 counsel. 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. 36/2025 registered at Police Station City Kotwali District - Gariyaband (C.G.), for the offence punishable under Section 20(b)(ii)(C) r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 4. Case of the prosecution, in brief, is that on 18.03.2025, the Sub- Inspector Ajay Singh of Thana City Kotwali, Gariaband received information from a confidential informer that two persons were traveling on a motorcycle G-04/MV-9406 from Devbhog to Gariaband, carrying three pittu bags containing illegal narcotic substance ganja. Acting under the provisions of the NDPS Act, the police intercepted the motorcycle and conducted a search. During the search, 30.385 kg of ganja was recovered from the bags in possession of the accused Nikku Kumar. During the investigation, based on the disclosure statement of Nikku Kumar, the applicant/accused Vishal Kumar Singh (present applicant) and other co-accused were found involved in the offence. Consequently, alleged offence has been registered against the applicant and charge-sheet was filed. 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 3 that the applicant Vishal Kumar Singh, along with co-accused, was involved in the illegal transportation and possession of ganja, wherein present applicant was piloting the co-accused and during the investigation, based on the disclosure statement of co-accused Nikku Kumar, Vishal Kumar Singh was found to have participated in the alleged crime. He also submits that the total quantity of ganja recovered is 30.385 kg, which is much above the commercial, therefore, the applicant is not entitled for grant of bail. 6. I have perused the materials available on records. 7. From perusal of the records, it transpires that present applicant along with co-accused, Nikku Kumar was involved in the illegal transportation and possession of ganja, wherein present applicant was piloting the co-accused and during the investigation, based on the disclosure statement of the said co-accused, present applicant was found to have participated in the alleged offence. Considering the total quantity of ganja recovered i.e. 30.385 kg, which 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. 8. Accordingly, the bail application of the applicant - Vishal Kumar Singh, involved in Crime No. 36/2025 registered at Police Station City Kotwali District - Gariyaband (C.G.), for the offence punishable under Section 20(b)(ii)(C) r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 4 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce 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