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2025 DAILYLAW 45630 (CHH)

SANJAY KORWA v. STATE OF CHHATTISGARH

MCRC/8908/2024 · 2025-01-02

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Judgment text

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1 2025:CGHC:111 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8908 of 2024 Sanjay Korwa S/o Late Devlal Korwa Aged About 42 Years R/o Village Bhavri Post Godarmana P.S. Ranka District Gadhwa Presently Residing At Chandani Chowk Near Sunrise School At Rented House of Varun Keshri P.S. Ambikapur, District : Surguja (Ambikapur), Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer P.S. Ambikapur District Surguja Chhattisgarh. ... Non-Applicant For Applicant : Mr. Nishi Kant Sinha, Advocate. For Non-Applicant : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2025 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. 462/2024 registered at Police Station – Ambikapur, District – Sarguja (C.G.), for the offence punishable under Section 21(C), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police Station – Ambikapur, District – Sarguja (C.G.), had received secret information from the informant and on the basis of the said 2 information conducted a raid and seized total 110 bottle of Wings RX Codeine Phosphate & Triprolidine Hydrochloride Syrup Onerex TM of 100 ml each from the possession of the present applicant. Thereafter, the Police has registered the offence punishable under Section 21(C), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 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 physical possession of the present applicant. He further submits that the applicant and his son were doing work of Coolie at the Bus Stand and the contraband article was recovered from the luggage of the bus. He further submits that he also submits that the present applicant has been in jail since 12.07.2024 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. 110 bottle of Wings RX Codeine Phosphate & Triprolidine Hydrochloride Syrup Onerex TM of 100 ml each, were recovered from the possession of the present applicant, which is much 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. 3 6. Considering the facts and circumstances of the case and further the fact that the contraband article i.e. 110 bottle of Wings RX Codeine Phosphate & Triprolidine Hydrochloride Syrup Onerex TM of 100 ml each which have been seized from the possession of the present applicant, 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 – Sanjay Korwa, involved in Crime No. 462/2024 registered at Police Station – Ambikapur, District – Sarguja (C.G.), for the offence punishable under Section 21(C), 29 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 trail expeditiously. 9. Office 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 Rahul Dewangan