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2025 DAILYLAW 58498 (CHH)

MOH. ADIL v. STATE OF CHHATTISGARH

MCRCA/1767/2025 · 2025-11-12

body2025

Judgment text

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1 2025:CGHC:55301 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1767 of 2025 Moh. Adil S/o Moh. Samad Aged About 45 Years R/o Sundargarh, P.S.- Sundargarh, Orissa ... Applicant versus State Of Chhattisgarh Through- P.S.- Bagicha, District – Jashpur (C.G.) ... Non-applicant For Applicant : Mr. Hemant Gupta, Advocate. For Non-Applicant : Mr. Swajeet Singh Ubeja, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13.11.2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 88/2025, registered at Police Station – Bagicha, District – Jashpur (C.G.) for alleged commission of offence punishable under Section 20(B)(ii)(c) of NDPS Act. 2. According to the prosecution's story, it was alleged that on the basis of the secret information received by the Police, the Police reached on spot and found one Artiga Car Barring registration No. CG-12- BQ-1606, and also found & seized 183.500 Kg. of Ganja and RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 another number plate of OD-16-L-9339. Based upon that the applicant was asked to surrender. Further police had discovered that Rashid Ahmad was admitted to hospital due to injuries sustained because of accident of the said car, it was also found that Rashid Ahmad taken the vehicle by deceiving the Rahul Yadav who originally borrowed the vehicle from the present applicant. And thereby the alleged offence has been committed by the Rashid Ahmad & the F.I.R. was registered as crime no 88/2025 against Rashid Ahmad only, subsequently the present applicant is under apprehension of his arrest as the crime as alleged is serious and non-bailable, hence this application for his anticipatory bail. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant happens to be the registered owner of the vehicle in question, and he states that he had given the vehicle to the co-accused Rahul Yadav, and Rahul Yadav had given it to another person who changed the number plate of the vehicle in which the contraband article was found, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand learned State counsel opposes the application for grant of anticipatory bail to the applicant, and submits that the applicant happens to be the registered owner of the vehicle in question, and he statements that he had given the vehicle to the co- accused Rahul Yadav, and Rahul Yadav had given it to another person who changed the number plate of the vehicle in which the contraband article was found, which is of a huge quantity i.e. a total 3 of 183.500 Kgs of Ganja, and the participation of the applicant appears to be found in the crime in question and the vehicle from which the contraband article was recovered, was belonged to the applicant. Hence, the instant bail application is liable to be rejected. 5. Recently the Supreme Court in the matter of Anarul SK v. The State of West Bengal {SLP (Crl.) No(s). 12621/2024 has observed that the grant of anticipatory bail in cases involving Narcotic Drugs and Psychotropic Substances (NDPS) is a very serious issue. 6. In the light of observation made by the Supreme Court in Anarul SK (supra), and considering the fact that the applicant happens to be the registered owner of the vehicle in question, and he states that he had given the vehicle to the co-accused Rahul Yadav, and Rahul Yadav had given it to another person who changed the number plate of the vehicle in which the contraband article was found, which is of a huge quantity i.e. a total of 183.500 Kgs of Ganja, and the participation of the applicant appears to be found in the crime in question and the vehicle from which the contraband article was recovered, was belonged to the applicant, I do not find any good ground to entertain this anticipatory bail application. Accordingly, the present anticipatory bail application is dismissed. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar