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2025 DAILYLAW 46159 (CHH)

MOHAMMAD WASIM MEMON v. STATE OF CHHATTISGARH

MCRC/9057/2024 · 2025-01-02

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Judgment text

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1 2025:CGHC:182 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9057 of 2024 Mohammad Wasim Memon S/o Late Arif Memon Aged About 38 Years R/o Gaufiya Chowk Nayapara P.S. Gol Bazar District - Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. Ganj, District – Raipur (C.G.) ---- Non-applicant For Applicant : Ms. Jyoti Singh, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No.17/2024, registered at Police Station – Ganj, District – Raipur (C.G.) for the offences punishable under Section 21(C) and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that the Police of Police Station – 2 Ganj, District – Raipur (C.G.) has received a secret information through the informant and on the basis of the said information, the Police authority has seized a total of 114 bottles of CODEDYL-T Cough-Syrup (100ml each bottle) total 11.40 liters from the possession of the present applicant and the co-accused persons. Thereafter, the applicant was arrested and the case was registered by the Police. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 11.01.2024. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 11.40 liters of CODEDYL-T Cough-Syrup has been seized from the possession of the applicant, which is much above the commercial quantity. It is further submitted that the charge-sheet has been filed in this case. Hence, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that the quantity of contraband article seized from the possession of the applicant i.e. 11.40 liters of CODEDYL-T Cough-Syrup, is much above the commercial 3 quantity and the charge-sheet has been filed in this case, thus, the bail application of applicant – Mohammad Wasim Memon involved in Crime No.17/2024, registered at Police Station – Ganj, District – Raipur (C.G.) for the offences punishable under Section 21(C) and 22 of the NDPS Act, is rejected at this stage. 7. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously, preferably within a period of 6 months from the date of passing of this order, if there is no any legal impediment. 8. The OfÏce is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar