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2025 DAILYLAW 46358 (CHH)

RAHUL LAMBHADE v. STATE OF CHHATTISGARH

MCRC/9042/2024 · 2025-01-02

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Judgment text

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1 2025:CGHC:184 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9042 of 2024 Rahul Lambhade S/o Shri Mahadev Lambhade Aged About 23 Years Resident Of Selubazar, Ward No. 01, P.S. Magrur, District Vasim Maharashtra (Detail Of The Applicant Have Not Mentioned In Annexure A-1) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Darbha, District Bastar (Chhattisgarh) ... Respondent(s) For Applicant(s) : Mr. Vinod Kumar Tekam, Advocate For Respondent(s) : Mr. Bharat Gulbani, 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 BNSS in connection with Crime No.23/2024, registered at Police Station Darbha, District Bastar (C.G.) for the offence punishable under Sections 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act). 2. The prosecution story in brief, is that, the concerned police station Darbha received secret information through the informant that on 2 the date of incident, unknown persons have kept illegal contraband ganja in their motorcycle and police has seized 21.280 kg. from possession of the accused person and as a result thereof, police has registered offence publishable under section 20 (b) ii (c) of the N.D.P.S. Act against the applicant and accused persons. 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. He further submits that the police has not seized psychotropic substances from the exclusive possession of the applicant. Further, the applicant is a 23 years old young boy and is languishing in jail since 14.07.2024, though the charge-sheet has been filed, but it may take some time to conclude the trial, 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 from the possession of applicant 21.280 kgs of ganja has been seized which is much above the commercial quantity, as the commercial quantity of ganja is 20 kgs, hence, the bail application of the applicant 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 nature and gravity of the offence and the fact that from the possession of applicant, 21.280 kgs of ganja 3 has been seized which is much above the commercial quantity, as the commercial quantity of ganja is 20 kgs. In such a situation, considering the nature and quantity of the seized narcotic substance, it would not be justified to grant bail to the applicant/accused. 7. Therefore, the bail application filed by the applicant/accused – Rahul Lambhade involved in Crime No.23/2024, registered at Police Station Darbha, District Bastar (C.G.) for the offence punishable under Sections 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act), is rejected at this stage. 8. However, learned trial Court is directed to conclude the trial as expeditiously as possible, within a period of six months, from the date of production of certified copy of this order. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek