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2025 DAILYLAW 53432 (CHH)

MOHD. TABREJ v. STATE OF CHHATTISGARH

MCRC/9539/2025 · 2025-11-24

body2025

Judgment text

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1 2025:CGHC:57225 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9539 of 2025 • Mohd. Tabrej S/o Mohd. Safik, Aged About 22 Years R/o Khariyar Road, Pathanpara, P.S. Jonk, District Nuapada (Orissa) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Puranibasti, Raipur, District Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Khushbu Sahu, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.184/2025 registered at Police Station- Puranibasti, District- Raipur (C.G.), for the offence punishable under Sections 21(b) of Narcotic Drugs and Psychotropic Substances Act. 2. Case of the prosecution, in brief, is that the the concerned police station Puranibasti, Raipur, received secret information through the informant that at the time of incident, unknown person were illegal VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.26 18:47:06 +0530 2 kept ban medicine in his possession to sale and police has seized Nitrazepam Tablet IP Nitrosun 10 total 100 strips 10 tablet to each total 1000 nag tablet total weight 722.52 gram Nitreazepam ban medicine from place of incident at open place and as a result thereof, police has registered offence publishable under section 21(b) of the N.D.P.S. against the other accused person and only on the basis of memorandum statement, the applicant has been arrested on 06.05.2025. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 06.05.2025. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned Panel Lawyer, appearing for the State/non-applicant would oppose the bail application and submit that the applicant has no criminal antecedents and the charge-sheet has been filed in the present case. He further submits that from the possession of the applicant Nitrazepam Tablet IP Nitrosun 10 total 100 strips 10 tablet to each total 1000 nag tablet total weight 722.52 gram Nitreazepam medicine, which is above than commercial quantity, therefore, he is not entitled for grant of bail. As such, the present 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, submission made by learned counsel for the parties, allegation levelled against the applicant and further considering the fact that from the 3 possession of the applicant Nitrazepam Tablet IP Nitrosun 10 total 100 strips 10 tablet to each total 1000 nag tablet (total weight 722.52 gram) Nitreazepam medicine, which is above than commercial quantity, as such, I do not find a fit case to release the applicant on bail hence, this second bail application of the present applicant is rejected at this stage. 7. Accordingly, the first bail application of the applicant – Mohd. Tabrej, filed under Section 439 of the Cr.P.C., involved in Crime No. 184/2025 registered at Police Station-Puranibasti, District- Raipur (C.G.), for the offence punishable under Sections 21(b) of Narcotic Drugs and Psychotropic Substances Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali