Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:2473
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 367 of 2025 Sulakshana Pandey W/o Satya Prakash Pandey, Aged About 40 Years R/o Saida, P.S. Sakri, District - Bilaspur, Chhattisgarh.
... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. Sakri, District - Bilaspur (C.G.).
... Non-applicant For Applicant : Mr. Shailendra Dubey, Advocate along with Ms. Ankita Sharma, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 15.01.2025
1. This is the Second Bail Application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 869/2023, registered at Police Station : Sakri, District - Bilaspur (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. The earlier bail application of the applicant has been rejected by this Court in MCRC No. 2711 of 2024 vide order dated 11.06.2024 on the ground that the the applicant has one criminal antecedent under the NDPS Act which is pending. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.16 11:13:10 +0530
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3. The case of the prosecution, in brief, is that on 31.12.2023 the Police of Police Station Sakri received a secret information from the informant and on the basis of said information Police has seized 12.100 Kgs of Ganja from the vehicle i.e. Duster bearing No. CG-1- Z-4100, through which accused namely, Idrish Mohammed, Monu Chaudhri @ Vinod Chaudhri and Sulakshana Pandey were transporting the intoxicant substance. Thereafter, the offence has been registered against the present applicant.
4.
Learned counsel for the applicant submits that the present applicant has been falsely implicated in the present matter. He submits that this Hon’ble Court has directed to complete the trial within a period of six months from the date of filling of charge-sheet, and more than 06 months has been passed, but till date only 05 witnesses have been examined out of 13 witnesses. He further submits that the seizure witness is also hostile in the present case, therefore, he prays for enlarging the applicant on regular bail.
5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that quantity of contraband article i.e. 12.100 kgs Ganja was recovered from the possession of the present applicant. He also submits that the present applicant has 01 criminal antecedent under the NDPS Act which is pending, therefore, the applicant is not entitled to be released on bail.
6. I have heard learned counsel appearing for the parties and perused the case diary.
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7. Considering the fact that the present applicant has 01 criminal antecedent under the NDPS Act which is pending and charge-sheet has been filed before the competent Court in the present case and it cannot be a case of false implication, the trial is in progress,
8. Accordingly, the Second bail application of the applicant – Sulakshana Pandey, involved in Crime No. 869/2023, registered at Police Station : Sakri, District - Bilaspur (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected.
9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of two months from the receipt of certified copy of this order in accordance with law, if there is no legal impediment.
10. OfÏce 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