Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6806
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1075 of 2025 Pooja Chouhan W/o Kabir Chouhan Aged About 30 Years R/o Halmukam, Sakti, Ward No. 4, Sakti, Dist - Sakti Chhattisgarh (Details Wrongly Mentioned In Order Sheet)
... Applicant versus State Of Chhattisgarh Through P.S. Civil Line, Distt Bilaspur Chhattisgarh
... Non-applicant For Applicant : Mr. Anway Tiwari, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/02/2025
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. 732/2024 registered at Police Station Civil Line, District - Bilaspur (C.G.), for the offence punishable under Sections 21, 22 and 29 of NDPS Act. 2. Case of the prosecution, in brief, is that as per secret information received on 13/08/2024, the Police of Police Station- Civil Lines KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 Bilaspur reached at concerned spot and there conducted raid and have seized total 25 pieces of codeine- containing cough syrup which was kept in the beg of the vehicle TVS Jupitar Classic scotty number CG.10 BH/0981 from the possession of the present applicant near Meeramai Tempel. Thereafter, the aforesaid offence has registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He further submits that learned trial Court has failed to appreciate that the prosecution has miserably failed to bring home the ingredients of the charges were under Section 21 (c) of N.D.P.S Act against this applicant. He further submits that none of the mandatory provisions have been followed by the prosecution in the case and the seizures are beyond logical acceptance as are contradicted in the charge-sheet itself and in the present case charge-sheet has been filed before the competent Court and she is in jail since 13.08.2024 and the applicant has one previous criminal antecedent under the NDPS Act of the year 2023 and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court.
He further submits that the quantity of contraband article i.e. total 25 pieces of codeine- containing cough syrup was recovered from the possession of the applicant, is much above the commercial quantity and the applicant
3 has one criminal antecedent under the NDPS Act of the year 2023 as such, 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. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is much above the commercial quantity and it cannot be a case of false implication and the applicant has failed to explain the same and also having one criminal antecedent under the NDPS Act of year 2023, hence, this Court does not find a fit case to release the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Pooja Chouhan filed under Section 483 of the B.N.S.S., involved in Crime No. 732/2024 registered at Police Station Civil Line, District - Bilaspur (C.G.), for the offence punishable under Sections 21, 22 and 29 of NDPS Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/-
(Ramesh Sinha)
Chief Justice Kunal