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2025 DAILYLAW 60348 (CHH)

PAVITRA LIMA v. STATE OF CHHATTISGARH

MCRC/9752/2025 · 2025-12-03

body2025

Judgment text

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1 2025:CGHC:58892 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9752 of 2025 Pavitra Lima S/o Abram Lima, Aged About 21 Years R/o Village Barlagunda Kalima, Police Station Adava, District - Gajpati (Odisha) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Komakhan, District- Mahasamund, Chhattisgarh ... Non-applicant For Applicant : Mr. Arun Kumar Shukla, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.06/2025, registered at Police Station: Komakhan, District- Mahasamund (C.G.) for the offences punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The case of the prosecution, in brief, is that the police of Police Station Komakhan, District Mahasamund (C.G.), received secret information from an informant and, on the basis of that information, conducted a PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.05 18:16:49 +0530 2 raid and seized 22 kilograms of ganja from the joint possession of the applicant and another co-accused person. Thereafter, the police registered an offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The present applicant has been arrested solely on the basis of the memorandum of the co-accused, who alleged that the contraband had been supplied to them by the applicant. On that basis, the applicant has been arrested for an offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the name of the present applicant has come to light only in the memorandum statement of the co-accused, from whom the contraband article, i.e., 22 kilograms of ganja, was recovered, which is much more than the commercial quantity, and that there is no other evidence against the present applicant. It is also submitted that the applicant has no previous criminal antecedents, the charge-sheet has already been filed, and the applicant has been in jail since 19.01.2025. As the conclusion of the trial is likely to take some time, a prayer has been made for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that 22 kilograms of ganja have been seized from the possession of the co-accused, which is much more than the commercial quantity. Further, he submits that it is an organized crime and that the applicant is involved in the illegal sale and purchase of contraband articles. Hence, the bail application is liable to be dismissed. 3 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, the fact that the charge-sheet has already been filed before the competent Court, and the fact that the name of the present applicant has come to light in the memorandum statement of the co-accused from whom the contraband article, i.e., 22 kilograms of ganja, was recovered, which is much more than the commercial quantity, further considering that it is an organized crime and that the applicant is involved in the illegal sale and purchase of contraband articles, this Court is of the view that the present case is not fit for granting bail to the applicant. 7. Accordingly, the bail application of applicant – Pavitra Lima involved in Crime No.06/2025, registered at Police Station: Komakhan, District- Mahasamund (C.G.) for the offences punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti