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2025 DAILYLAW 56673 (CHH)

ANJAN KUMAR MOHANTI v. STATE OF CHHATTISGARH

MCRC/6586/2025 · 2025-08-20

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:42392 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6586 of 2025 Anjan Kumar Mohanty S/o Vinayak Mohanti Aged About 34 Years R/o Ward No. 12, Kiyakata, Police Station Kiyakata, District : Anugul *, Orissa ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Singhoda, District : Mahasamund, Chhattisgarh ... Non-Applicant For Applicant : Ms. Prachi Singh, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.08.2025 1. This is the Second bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 05/2025 registered at Police Station – Singhoda, District- Mahasamund (C.G.), for the offence punishable under Sections 20(B) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution's brief story, on 16-01-2025 at around 11:40 hours, the police of Police Station Singhora received secret PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.22 18:51:16 +0530 2 information that some persons had stored illicit contraband (ganja) in a Toyota Corolla car bearing registration number MH-06/AB-3307. It was further informed that three individuals were escorting or piloting this car in another vehicle bearing registration number OD-02/CZ-8252. Based on this information, the police reached the location and recovered 41 kilograms of ganja from the Toyota Corolla (MH-06/AB-3307), which was in the possession of the co-accused persons. The present applicant has also been made an accused in this case for piloting the said car. Accordingly, an offence has been registered against the applicant and the co-accused persons, and a charge sheet has been filed before the concerned Court. 3. The first bail application of the applicant was rejected by this Court on merit vide order dated 03.03.2025 passed in MCRC No. 1640/2025. 4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. She further submits that the applicant is alleged to have been piloting the vehicle in which the co-accused were transporting the contraband articles which is above the commercial quantity. As the offence is considered part of an organized crime, the first bail application was rejected and it is stated that the applicant is in jail since 17.01.2025 and the trial has not yet concluded. She also submits that the applicant has no previous criminal antecedents. Accordingly, he prays for enlarging the applicant on regular bail. 5. Learned counsel for the State opposes the bail application and 3 submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant is alleged to have been piloting the vehicle in which the co-accused were transporting the contraband articles i.e. total quantity 41 Kgs of Ganja, which is above the commercial quantity. As the offence is considered part of an organized crime, the first bail application was rejected by this Court on merit vide order dated 03.03.2025 passed in MCRC No. 1640/2025 and as such, the applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. From perusal of the order dated 03.03.2025, it is apparent that the first bail application of the applicant was rejected on merits on the ground that the quantity of the psychotropic substance i.e. total quantity of 41 Kgs of Ganja seized from the applicant along with other co-accused, which was above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. No new ground has been raised in this second bail application. 8. Accordingly, the second bail application of the applicant - Anjan Kumar Mohanty filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, involved in Crime No. 05/2025 registered at Police Station – Singhoda, District- Mahasamund (C.G.), for the offence punishable under Sections 20(B) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 4 9. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same expeditiously. 10.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 Preeti