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2025 DAILYLAW 49138 (CHH)

ANWAR ALI @ PAPPU KHAN v. STATE OF CHHATTISGARH

MCRC/9443/2025 · 2025-11-20

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:56763 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9443 of 2025 Anwar Ali @ Pappu Khan S/o Azad Mohamad Aged About 46 Years R/o Village- Bharatpur, Police Station- Janakpur, District- Manendragarh-Chirmiri- Bharatpur C.G. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Janakpur, District- Manendragarh-Chirmiri-Bharatpur C.G. ... Non-Applicant For Applicant : Ms. Hamida Siddiqui, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.11.2025 1. This is the third bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 227/2024 registered at Police Station - Janakpur, District- Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Section 21 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Earlier two bail applications of the applicant was dismissed on merits by this Court vide order dated 27.06.2025 and 22.07.2025 passed in MCRC Nos. 4104/2025 and 5715/2025. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.24 12:34:28 +0530 2 3. The case of the prosecution in brief is that on 21.11.2024, Inspector Deepesh Saini of the Police Station, acting on information received from an informant, reached the spot near the culvert on the main road of village Ghordhara. There, the present applicant Anwar Ali @ Pappu Khan and co-accused Ajay Baghel were apprehended. Upon searching them, a carton in the possession of the present applicant Anwar Ali @ Pappu Khan was found to contain a total of 120 units of ONEREX cough syrup, each packed in plastic pouches of 100 ml. The said items were seized. When the applicant/accused was asked to produce a valid licence for transporting the aforesaid narcotic cough syrup for sale, he failed to produce any such documents. As evidence of the offence was found against the applicant/accused, Crime No. 227/2024 under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act was registered against the present applicant and the co-accused. 4. Learned counsel for the applicant submits that the earlier two bail applications were rejected on merits by this Court vide orders dated 27.06.2025 and 22.07.2025. Therefore, the present third bail application has been filed on the ground that the trial is in progress and only four witnesses are left to be examined, and the evidence is being recorded. It is further submitted that the charge-sheet has already been filed and the applicant has been in jail since 21.11.2024. Hence, she prays for releasing the applicant on regular bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that earlier two bail applications were rejected on merits by this Court vide orders dated 27.06.2025 and 22.07.2025. Hence, this bail application is liable to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the above submissions made by the learned counsel for the 3 parties and the fact that the trial is in progress and only four witnesses are left to be examined, and the evidence is being recorded, further the charge-sheet has already been filed and the applicant has been in jail since 21.11.2024 and the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 8. Accordingly, the third bail application of the applicant- Anwar Ali @ Pappu Khan filed under Section 483 of BNSS, involved Crime No. 227/2024 registered at Police Station Janakpur, District- Manendragarh- Chirmiri-Bharatpur (C.G.) for the offence punishable under Section 21 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible within a period of four months on day to day basis from the date of receipt of a certified copy of this order, if there is no legal impediment. 10. The office 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 Preeti