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2025 DAILYLAW 48844 (CHH)

ZAMAN ALI v. STATE OF CHHATTISGARH

MCRC/9106/2025 · 2025-11-12

body2025

Judgment text

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1 2025:CGHC:55316 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9106 of 2025 Zaman Ali S/o Sharafat Ali Aged About 32 Years R/o Irani Dera, Block No. 14, House No. 10, Daldal Siwni, P.S. Pandri, District : Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station- Pandri, District : Raipur, Chhattisgarh ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate For Non-Applicant : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.11.2025 1. The applicant has preferred this First Bail Application under Section 439 of Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No.139/2025, registered at Police Station Pandri, District-Raipur (CG) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “NDPS Act”). 2. The prosecution story in brief, is that, on 14.06.2025, based on information received from an informant, the police of Police MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.11.13 17:32:37 +0530 2 Station Pandri, Raipur, conducted an operation in accordance with the provisions of the NDPS Act. Acting on the information, the police raided Irani Dera, located in front of Vigyan Kendra, Daldal Seoni, Pandri, Raipur. During the raid, the applicant was surrounded and apprehended. Upon searching him, the police recovered and seized a total of 11.324 kg. of illegal narcotic substance (ganja) from his possession. An offence was registered against the applicant as Crime No. 139/25, and after investigation, a charge-sheet was filed under Section 20(b) of the NDPS Act. 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 substance from the exclusive possession of the applicant. Further, the applicant is languishing in jail since 14.06.2025, charge-sheet has been filed in the present case and conclusion of the trial may 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 from the possession of the present applicant, total 11.324 kg of ganja has been recovered and further, so far as criminal antecedents of the applicant is concerned, the applicant has 10 previous criminal antecedents, out of which, one is under the NDPS Act of the year 2022, which itself shows that the applicant is a habitual offender, hence his bail application is liable to be rejected. 3 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the fact that the applicant is having 10 previous criminal antecedents and out of which, one is under the NDPS Act of the year 2022, which itself shows that the applicant is a habitual offender, the quantity of contraband article seized i.e. 11.324 kg of ganja and also in light of the judgment rendered by the Hon’ble Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Therefore, the bail application filed by the applicant/accused – Zaman Ali involved in Crime No.139/2025, registered at Police Station Pandri, District Raipur (C.G.) for the offence punishable under Sections 20(b) of the NDPS Act is rejected at this stage. 8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 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 Manpreet