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2025 DAILYLAW 53163 (CHH)

SHAHZAD KHAN v. STATE OF CHHATTISGARH

MCRC/9610/2025 · 2025-11-25

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:57485 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9610 of 2025 1. Shahzad Khan S/o Yusuf Khan, Aged About 30 Years R/o Village Thelkadih, Near Mini Mata Chowk, House Of Verma, Police Station Thelkadih, District – Khairagarh-Chhuikhadan-Gandai, Chhattisgarh 2. Vaseem Ahmad S/o Sameer Ahmad, Aged About 29 Years R/o Village Rahimnagar, Jagatpura Road Khoh, Near Nagoriyan Maszid, District Jaipur, Rajasthan 3. Bhupendra Devdas, S/o Jaikaran Devdas, Aged About 33 Years R/o Village Puraina, Police Station Thelkadih, District Khairagarh- Chhuikhadan-Gandai, Chhattisgarh … Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Mandir Hasaud, District – Raipur, Chhattisgarh ... Non-Applicant For Applicants : Ms. Divya Sahu, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.11.2025 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.682/2024, registered at Police Station: Mandir Hasaud, District – Raipur (C.G.) for the offences punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The case of the prosecution, in brief, is that on 20.10.2024, based on PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.27 11:35:18 +0530 2 secret information received from an informant, the police of Police Station Mandir Hasaud conducted a raid at NH-53, Main Road, in front of Police Station Mandir Hasaud, Raipur, and recovered 100 packets and 65 packets, totaling 165 packets, from the seat and trunk (dikki) of a Mahindra XUV bearing registration No. CG-13/S-0999 and a Mahindra Thar bearing registration No. CG-04/PM-6897, respectively. The total recovery amounted to 170.660 kilograms of psychotropic substance (Ganja) from the joint possession of the accused persons/present applicants during transportation. The police registered First Information Report bearing Crime No. 682/2024 for the offence punishable under Section 20(b) of the NDPS Act and arrested the present applicants. After completion of the investigation, a charge-sheet was filed, and the case is presently pending before the learned Special Judge (NDPS Act), Raipur, District Raipur (C.G.), as Special Sessions Case (NDPS) No. 19/2025 for trial. A copy of the FIR bearing Crime No. 682/2024 is filed herewith as Annexure A-2. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is further submitted that the alleged narcotic substance was not seized from the conscious possession of the present applicants and allegedly the Police recovered from open place and the applicants have been falsely implicated by the Police in the false case. Further the charge-sheet has been filed and the applicants have no previous criminal antecedents. The applicants are in jail since 20.10.2024. The conclusion of the trial is likely to 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 the quantity of 170.660 kilograms of psychotropic substance (Ganja) from the joint possession of the accused 3 persons/present applicants during transportation, which is much more than the commercial quantity. Further, the charge-sheet has been submitted. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that the quantity of 170.660 kilograms of psychotropic substance (Ganja) from the joint possession of the accused persons/present applicants during transportation, which is much more than the commercial quantity, and the applicants have failed to give any explanation for the same and it cannot be said to be a case of false implication, accordingly, the bail application of applicant Nos. 1, 2 and 3 – Shahzad Khan, Vaseem Ahmad and Bhupendra Devdas involved in Crime No.682/2024, registered at Police Station: Mandir Hasaud, District – Raipur (C.G.) for the offences punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act., is rejected at this stage. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. 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