Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:134
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8973 of 2024 Kunal Kumar Verma S/o Shri Nagendra Verma Aged About 22 Years (As Per The Cause-Title Of The Order Sheet) R/o Nawakhas, Post- Nawa Jaipur, P.S. - Nawa Jaipur, District - Palamau (Jharkhand)
... Applicant(s) versus State Of Chhattisgarh Through Police Station Of Arang, District - Raipur (C.G.)
... Non-Applicant(s) For Applicant(s) : Mr. Pragalbha Sharma, Advocate. For Non-Applicant(s) : Smt. Supriya Upasane, Government Advocate. 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who were has been arrested in connection with Crime No. 349/2024 registered at Police Station Arang, District - Raipur (C.G.), for the offence punishable under
2 Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on the basis of secret information received by the informant, the Police of Police Station Arang, District – Raipur (C.G.) seized Nitrosub 10 Nitrazepam tablet IP of total 4600 pieces, weighting 3.335 Kgs from the possession of the applicant, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since
24.04.2024. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She would further submit that the quantity of contraband article i.e. 10 Nitrazepam tablet IP of total 4600 pieces, weighting 3.335 Kgs from the possession of the 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.
From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is much above the commercial quantity and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant-Kunal Kumar Verma, involved in Crime No. 349/2024 registered at Police Station Arang, District - Raipur (C.G.), for the offence punishable under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. After passing of the order, learned counsel for the applicant submits that the trial may be expedited. 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