Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:56608
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9389 of 2025 Vijay Singh Malviya S/o Padman Malviya Aged About 23 Years R/o Ward No. 21, Doraha, District - Sehore (M.P.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Singhoda, District Mahasamund C.G. ... Respondent For Applicant : Shri Ishwar Jaiswal, Advocate. For Respondent/State : Shri Malay Jain, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/11/2025
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.28/2025 registered at Police Station Singhoda, District Mahasamund C.G. for the offence punishable under Section 20 (B) of the N.D.P.S. Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.24 11:03:04 +0530
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2. Case of the prosecution, in brief, is that on 26-03-2025 on the basis of secret information at about 07:20 a white colour Maruti swift Dezire car having No. MP 04 CG 9177 was intercepted on NH 53 at Rehtikhol. There were 2 persons inside the vehicle, upon seeing the police patrol, these 2 persons ran away with the vehicle. The 2 persons along with the vehicle were intercepted by the Police finally after a chase. Upon search 2 plastic bags were found from the vehicle, each weighing 13 kilograms of Ganja (Cannabis). At about 12:45 the two persons were arrested. These two persons were Dharmendra Meena and Vijay Singh Malviya, the accused in the FIR/Crime No. 28 of 2025 lodged at P.S. Singhoda, dated 26.03.2025 for the offences under section 20 (b) of the NDPS Act, 1985. The accused were arrested in front of two independent witnesses and search, seizure and sampling were completed on 26-03-2025. The accused/applicant Vijay Singh Malviya along with co-accused Dharmendra Meena were sent to Judicial remand on 26-03-2025. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 26/03/2025. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would submit that conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4.
Learned counsel appearing for the State/respondent would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He would further submit that the quantity of contraband article total 26 kg Ganja recovered from the
3 joint possession of the applicant and co-accused which was being carried in a vehicle, which is above the commercial quantity and 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 contraband article Ganja which has been seized from the joint possession of the applicant and co-accused i.e. total 26 kg Ganja is above the commercial quantity, further the applicant has failed to give explanation for the same and it cannot be a case of false implication, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant Vijay Singh Malviya, involved in Crime No.28/2025 registered at Police Station Singhoda, District Mahasamund C.G. for the offence punishable under Section 20 (B) of the N.D.P.S. Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/-- Sd/-
(Ramesh Sinha)
Chief Justice gouri