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2025 DAILYLAW 55248 (CHH)

SHIRAJEES SALKIN, v. STATE OF CHHATTISGARH

MCRC/8079/2025 · 2025-11-11

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:55226 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8079 of 2025 1 - Shirajees Salkin, Son Of Arif Khan Aged About 37 Years Resident Of Awas Vikas, Colony Bulandshahar, Hapud Hapurnagar, Hapud, Uttar Pradesh, 2 - Shamim Ahmad Son Of Abrar Ahmad Aged About 49 Years Resident Of Kailasha Road, Pakwad Pakbada, Muradabad Uttar Pradesh, 3 - Wasim Ahmad Son Of Jamil Ahmad Aged About 28 Years Resident Of Birpur, Ullapur, Bhagatpur,muradabad Uttar Pradesh, (Detail Of The Applicants Have Not Mentioned In Annexure A-1) ... Applicants versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Tongpal District- Sukma (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Pawan Kumar Kashyap and Mr. Quazi Soulat Husain Khan, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.11.2025 1. This is First bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 15/2025 registered at Police Station - Tongpal, District- Sukma (C.G.) for the offence punishable under Section 20 B (ii)(c) of the Narcotic VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.17 15:08:18 +0530 2 Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that Police of Police Station - Tongpal, District- Sukma (C.G.) received secret information from the informant alleging that some unknown persons have kept illegal contraband Ganja in their vehicle to sale and police has seized 117.180 kgs contraband from open place thereafter, the offence has been registered against the applicants. 3. It is argued by learned counsel for the applicant that the applicants have falsely been implicated in this case and the contraband article I.e., Ganja was not seized from the exclusive possession of the applicants. He further submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He further submits that applicants have no criminal antecedents, charge-sheet has already been filed in the present case, the applicants are in jail since 25.07.2023 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that applicants are resident of the State of Uttar Pradesh and total 23 packets of contraband article (Ganja) i.e.,117. 180 Kgs have been recovered from the joint possession of the present applicants, which is more than the commercial quantity, as such, she is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, allegation levelled against the present applicants and further considering the fact that total 23 3 packets of contraband article (Ganja) i.e.,117.180 Kgs have been recovered from the joint possession of the present applicants, and it cannot be a case of false implication, this court does not find it to be a fir case to release the applicants on regular bail. 7. Accordingly, the bail application of the applicants- Shrirajees Salkin, Shamim Ahmad, Wasim Ahmad involved in Crime No. 15/2025 registered at Police Station - Tongpal, District- Sukma (C.G.) for the offence punishable under Section 20 B (ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali