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2025 DAILYLAW 49417 (CHH)

JAI MILLU SONKUSHARE v. STATE OF CHHATTISGARH

MCRC/8741/2025 · 2025-11-03

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Judgment text

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1 2025:CGHC:53918 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8741 of 2025 Jai Millu Sonkushare S/o Millu Sonkushare Aged About 32 Years R/o Santoshi Para, Camp-1, Behind Of Shiv Mandir, Police Station - Chhavani, District- Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer Police Station - Kumhari, District- Durg (C.G.) ... Non-applicant For Applicant : None for the applicant after repeated calls. For Non-applicant/State : Mr. S.S. Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.11.2025 1. None appears nor is any representation made on behalf of the applicant to press this application when the case is called out. 2. It transpires from the record that the applicant is in jail since 09.03.2025. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel. 3. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 32/2025 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.07 12:04:51 +0530 2 registered at Police Station – Kumhari, District – Durg (C.G.), for the offence punishable under Section 20(b)(ii)(C) and Section 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 4. The prosecution story in brief is that, the concerned Police has recovered total 35.900 KG contraband Ganja from the possession of the present applicant and other co-accused persons, therefore crime has been registered and filed the charge sheet before the concerned 5. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that, in the present case, the charge-sheet has not yet been filed before the competent Court. It is further submitted that a huge quantity of contraband, i.e., 35.900 kilograms of Ganja, was recovered from the applicant, which far exceeds the commercial quantity prescribed under the NDPS Act. The learned State Counsel also submits that the applicant has failed to provide any satisfactory explanation regarding the alleged contraband article. In view of the seriousness of the offence and the quantity involved, it is submitted that the applicant is not entitled to be released on bail. 6. I have heard learned counsel for the State and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, as well as the quantity of Ganja, i.e., 35.900 kilograms, seized from the applicant and co-accused, which is above the commercial quantity as specified in the Schedule under the NDPS Act, and further noting that the applicant has failed to provide any satisfactory explanation regarding the alleged contraband, the contention of false implication cannot be accepted. Moreover, the 3 seizure of such a substantial quantity prima facie indicates the involvement of the present applicant, constituting a serious offence under the NDPS Act. In view of the aforesaid facts, this Court does not find any justifiable ground to entertain the present bail application. 8. Accordingly, the bail application of the applicant – Jai Millu Sonkushare, involved in Crime No. 32/2025 registered at Police Station – Kumhari, District – Durg (C.G.), for the offence punishable under Section 20(b)(ii)(C) and Section 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Vaibhav