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2025 DAILYLAW 46627 (CHH)

ARSHAD KHAN v. STATE OF CHHATTISGARH

MCRC/57/2025 · 2025-01-08

body2025

Judgment text

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1 2025:CGHC:1233 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 57 of 2025 Arshad Khan S/o Mizdullah Khan Aged About 27 Years R/o Pirawa, Jhalwada, Pirawa, Rajasthan ... Applicant versus State of Chhattisgarh Through P.S. City Kotwali, District Gariyaband (C.G.) ... Non-Applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No. 157/2024, registered at Police Station: City Kotwali, District Gariyaband, Chhattisgarh for the offences punishable under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that on 01.04.2024, the Police of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.09 11:07:35 +0530 2 Police Station City Kotwali received a secret information from the informant, intercepted a Bus bearing registration No. CG-23-L- 0172, wherein two persons seized two trolly bags and one bag pack and seized total 26.500 Kgs Ganja from the joint possession of the applicant and co-accused, wherein total 14 KG of Ganja/Drug from possession of applicant. Hence, the FIR. 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 charge-sheet has been filed in this case and he is in jail since 01.04.2024. He further submitted that the second bail of the the co-accused person, namely, Ajmat Khad has already been rejected by this Court vide order dated 02.01.2025 passed in MCRC No. 9045/2024. 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 the total 26.500 Kgs Ganja from the joint possession of the applicant and co-accused, wherein total 14 KG of Ganja/Drug from possession of applicant, which is much more than the commercial quantity. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that total quantity of 26.500 Kgs Ganja has been seized from the joint possession of the applicant 3 and co-accused, which is much more than the commercial quantity, further, the second bail of the the co-accused person, namely, Ajmat Khad has already been rejected by this Court vide order dated 02.01.2025 passed in MCRC No. 9045/2024, accordingly, the bail application of applicant- Arshad Khan involved in Crime No. 157/2024, registered at Police Station: City Kotwali, District Gariyaband, Chhattisgarh for the offences punishable under Sections 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 7. However, this Court hopes and trust that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible preferably with a further period of four months from the date of receipt of a certified copy of this order, if there is no legal impediment. 8. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti