1 2025:CGHC:51798 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2941 of 2025 1 - Sarvesh Manhar @ Konda S/o Harendra Manhar, Aged About 24 Years R/o Jarhabhatha, Police Station- Civil Line, District Bilaspur (C.G.) ... Petitioner(s) versus 1 - Station House Officer Police Station- Civil Line, District Bilaspur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Jitendra Chandrakar, Advocate For Respondent(s) : Mr. Sanjeev Pandey, Dy. A.G. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 16.10.2025. 1. The petition has been filed by the petitioner under Section 528 of B.N.S.S. for a direction to the learned trial Court to conclude the proceeding of Criminal Case No. 985/2024 pending before the learned Chief Judicial Magistrate, Bilaspur for the offence under Section 21 & 22 of NDPS Act. 2. Learned counsel for the petitioner would submit that the petitioner is an accused in the offence of Crime No. 609/2021 registered at Police Station, Civil Line, Bilaspur for the offence under Section 22 & 22 of NDPS Act and looking to the small quantity of alleged contraband, he was released on SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.10.17 15:27:14 +0530 2 bail. After investigation, charge-sheet has been filed on 19.02.2024 before the learned trial Court in which the Criminal Case No. 985/2024 is pending before the learned Chief Judicial Magistrate, Bilaspur against the petitioner. Since, the petitioner is detained in another offence of Crime No. 282/2023 registered at Police Station, Civil Line, Bilaspur for the offence under Section 21 & 22 of NDPS Act in which he is convicted and detained in jail, the production warrant has been issued by the learned trial Court for appearance of the appellant in Criminal Case No. 985/2024 on 28.03.2024. However, on 04.05.2024, 04.06.2024, 25.07.2024, 13.08.2024, 13.09.2024, 21.10.2024, 08.11.2024, 26.12.2024, 03.02.2025, 20.03.2025 ,24.04.2025, 24.06.2025 and 06.08.2025, despite issuance of production warrant, the petitioner has not been produced before the learned trial Court in the proceeding and the proceeding of Criminal Case No. 985/2024 is withheld. Therefore, the learned trial Court may be directed to expedite the trial of criminal case and to conclude the trial as early as possible. 3. Vide order dated 10.10.2025, this Court has directed the Jail Superintendent, Central Jail, Bilaspur and Superintendent of Police, Bilaspur to file their person affidavit with respect to compliance of the order passed by learned Chief Judicial Magistrate, Bilaspur as to why they have not produced the petitioner before the proceeding of the trial Court. 4. In compliance of the order dated 10.10.2025, the Superintendent of Police, Bilaspur has filed his affidavit on 15.10.2025 and in which he assigned the reasons for non-production of the petitioner before the learned trial Court, which reads as under:- 04. That, in compliance of the Hon'ble Court's order dated 10.10.2025, it is most humbly and respectfully submitted that the present petitioner was given charge-sheet on 19/02/2024 and the matter was listed for argument on charge on 28/03/2024 and on 28/03/2024 the production 3 warrant was issued to produce the applicant/ petitioner before the Court and the matter was fixed for hearing on 04/05/2024. On 04/05/2024 the defense counsel seeking time to argument before framing of charge and the matter was fixed for hearing on 04/06/2024 and on 04/06/2024 the presiding officer was on leave and again the order was posted to produce the applicant /petitioner on the next date of hearing through production warrant and on 25/07/2024 the presiding officer was on leave and the matter was fixed for hearing on 13/08/2024, but on these two days the applicant could not be produced before the Court. Likewise the case was fixed on 21/10/2024, 26/12/2024. 03/02/2025, 20/03/2025, 24/04/2025, 24/06/2025 and 06/08/2025 the accused / applicant could not be produce from the custody through production warrant. 05. It is humbly submitted that on the aforesaid, an explanation was sought from the Reserve Inspector as to why production warrant could not be complied with. Copy of the show cause notice dated 14/10/2025 is being annexed & marked as ANNEXURE R/1. Upon the aforesaid notice, the Reserve Inspector submitted its reply alongwith daily diary of all dates which is given by the trial court for production of applicant / accused showing in it that in all dates police force was deployed for producing applicant and other prisoners before the trial Courts. Copy of the reply and the daily diaries is being annexed collectively & marked as ANNEXURE R/2. 5. In compliance of the order dated 10.10.2025, the Jail Superintendent, Central Jail, Bilaspur has filed his affidavit on 15.10.2025 and in which he assigned the reasons for non-production of the petitioner before the learned trial Court, which reads as under:- 04. That, in compliance of the Hon'ble Court's order dated 10.10.2025, it is most humbly and respectfully submitted that the present petitioner was given charge-sheet on 19/02/2024 and the matter was listed for argument on charge on 28/03/2024 and on 28/03/2024 the production warrant was issued to produce the applicant/petitioner before the Court and the matter was fixed for hearing on 04/05/2024. On 04/05/2024 the defense counsel seeking time to argument before framing of charge and the matter was fixed for hearing on 04/06/2024 4 and on 04/06/2024 the presiding officer was on leave and again the order was posted to produce the applicant /petitioner on the next date of hearing through production warrant and on 25/07/2024 the presiding officer was on leave and the matter was fixed for hearing on 13/08/2024, but on these two days the applicant could not be produced before the Court. Likewise the case was fixed on 13/09/2024, 21/10/2024, 08/11/2024, 26/12/2024. 03/02/2025, 20/03/2025, 24/04/2025, 24/06/2025 and 06/08/2025, 06/09/2025 & 26/09/2025 the accused / applicant could not be produce from the custody through production warrant. 05. It is respectfully submitted that according to circular dated 16/07/2024 issued by the office of Principal District & Sessions Judge, Bilaspur (CG) the Registry has issued instructions that all production of under trial prisoners should be through video conferencing except in exceptional circumstances, and under trial prisoners should be physically present before the court only if necessary. Therefore, through circular, the presiding judicial officers of all the courts of this establishment are directed to conduct the trial proceedings in the cases of under trial prisoners detained in custody by connecting through video conferencing and ensure physical presence of the under trial prisoners in the court only when it is absolutely necessary (charge, statement of accused and decision). Copy of the circular dated 16/07/2024 is being annexed & marked as ANNEXURE R/1. 06. It is humbly submitted that information was sought from the warrant officer, Central Jail Bilaspur regarding the production of the accused / applicant before the learned trial Court on the various dates of hearing. The warrant officer vide its letter dated 15/10/2025 informed that the accused/applicant has been sentenced to 15 years Rigorous imprisonment U/s 21C of the NDPS Act vide judgment dated 10/06/2024 passed by the learned Special Judge (NDPS) Bilaspur District Bilaspur and the accused / applicant is undergoing his sentence in Central Jail Bilaspur. As per the procedure prescribed in Section 5A (1) of the Prisoners (Attendance in Courts) Act, 1958, there is a clear provision for the Reserve Inspector to provide police force upon request to produce prisoners before the learned Court. The Jail Superintendent can only requisition police force, but the Police Department alone has the power and resources to produce prisoners 5 before the learned Courts. Due to the deployment of inadequate police force all prisoners are not produced before the learned Courts. It is respectfully submitted that, as per the order of the learned Court, e- court video conferencing facility is available in Central Jail Bilaspur. This is functional, and through this facility prisoners can be produced before learned Court as per the orders of the learned Court. 07. It is respectfully submitted that in respect of production of the accused/applicant in the other pending case in the court of learned Chief Judicial Magistrate, Bilaspur in Criminal Case No. 985/2024 at Crime No. 609/2021 U/s 21. 22 of the NDPS Act, the accused / applicant has been produced before the learned trial Court on 04/05/2024 & on 25/07/2024. On 03/02/2025, the accused/applicant was produced before the learned Judicial Magistrate, First Class, Bilaspur for recording statement of the accused/applicant in another criminal case. It is respectfully submitted that on other dates of the hearing the accused / applicant could not be sent to the learned Court as the number of prisoner who could be sent is decided by the police force deployed and therefore on the basis of priority as per circular 16/07/2024, only limited number of prisoners are sent to the court. It is respectfully submitted that the next date of hearing is on 29/10/2025 and the deponent will take all efforts with cooperation of police force to produce the prisoner before the learned trial Court. Copy of the letter dated 15/10/2025 is being annexed & marked as ANNEXURE R/2. 6. The explanation submitted by the Superintendent of Police as well as the Jail Superintendent appears to be very vague and in the entire proceeding before the learned trial court, despite on various occasions, the petitioner was not produced before the learned trial Court. 7. Be that as it may, the present petition is for a direction to the learned trial Court to decide the pending Criminal Case No. 985/2024 as early as possible. In view of the facts and circumstances of the case, the learned trial Court is directed to expedite the trial of the case and decide the same as early as possible preferably within a period of 04 months from the next day fixed before it. 6 8. The Superintendent of Police, Bilaspur as well as Jail Superintendent, Central Jail, Bilaspur is also directed to make arrangements for the appearance of the petitioner in the proceeding of the trial Court in each and every day as directed by the learned trial Court. 9. With the aforesaid observation, the present Cr.MP. is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika