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2025 DAILYLAW 52906 (CHH)

NEPAL SINGH LODHI v. STATE OF CHHATTISGARH

MCRC/9066/2025 · 2025-11-11

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1 2025:CGHC:55196 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9066 of 2025 1 - Nepal Singh Lodhi S/o Sahab Singh Lodhi Aged About 28 Years R/o Madankheda, Thana- Tejgad, District- Damoh (M.P.) 2 - Pradeep Singh Lodhi S/o Durakh Singh Lodhi Aged About 21 Years R/o Madankheda, Thana- Tejgad, District- Damoh (M.P.) ... Applicants Versus State Of Chhattisgarh Through Police Station- Akaltara, District- Janjgir- Champa (Chhattisgarh) ... Respondent(s) For Applicants : Mr. Sanjay Kumar Yadav, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.11.2025 1. 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. 412/2025 registered at Police Station – Akaltara, District – Janjgir- Champa (C.G.), for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2025.11.13 18:50:27 +0530 2 2. The case of the prosecution is that on 28.08.2025, the police get a tip off by informer that the applicants are carrying one blue colour bag, one black colour bag and a black suitcase containing cannabis. On the basis of said information, the police of police Station: Akaltara has seized total 20 kg 820 kg of cannabis in possession of the present applicants. On the basis of aforesaid, the offence has been registered and they have been arrested. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case and has neither committed nor participated in any offence. The essential ingredients of the alleged offence are not prima facie attracted against him. Even if the prosecution story is accepted as it is, the total recovery of contraband is stated to be 20 kg from the applicant and other co-accused persons collectively, and thus, the alleged share of the applicant would be around 10 kg, which is below the commercial quantity. The applicants have been in custody since 28.08.2025 and the trial may take considerable time to conclude, therefore, he prayed for grant of regular bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that in the present case, charge- sheet has been submitted before the competent Court. It is further submitted that a huge quantity of contraband article i.e., 20.820 kgs. of ganja, was recovered from the applicant. This quantity far exceeds the commercial quantity prescribed under the NDPS Act. He also submits that the applicant has failed to provide any satisfactory explanation regarding the alleged contraband article i.e., 20.820 kgs. of ganja 3 seized from the alleged vehicle. 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. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, as well as the quantity of ganja, i.e., 20.820 kgs., seized from the joint possession of the applicants which is above the commercial quantity as per the Schedule given under the NDPS Act, further noting that the applicants have failed to provide any satisfactory explanation regarding the alleged contraband article seized from the alleged. Moreover, the seizure of such a substantial quantity prima facie indicates the involvement of the present applicant in the illicit trafficking of narcotic substances, which constitutes a serious offence under the NDPS Act. Considering the aforesaid facts, I do not find any good ground to entertain the present bail application. 7. Accordingly, the bail application of the applicant No. 1 - Nepal Singh Lodhi and applicant No. 2- Pradeep Singh Lodhi, involved in Crime No. 412/2025 registered at Police Station – Akaltara, District – Janjgir- Champa (C.G.), for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Saurabh