Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6076
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 931 of 2025 • Lingraj Sahu S/o Lambodar Sahu Aged About 36 Years R/o - Village - Khairbhandi, Police Station - Chandahandi, District - Navrangpur, (Odisha). ...Applicant. versus • State Of Chhattisgarh Through The Station House Officer, Police Station - Devbhog, District - Gariyaband (C.G.). ... State/Respondent. For Applicant : Shri Shivendu Pandya, Advocate. For State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/02/2025
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. 370/2024 registered at Police Station, AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.02.04 16:30:22 +0530
2 Devbhog District Gariyaband (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 16.11.2024, the Police received secret information from the informant and on the basis of such information that the applicant has kept illicit Ganja for selling, Police nabbed the applicant and recovered 34.70 kg Ganja from him. Based on the said incident, aforesaid offence has been registered. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 16.11.2024 and charge sheet has not been filed. He would further submit that the mandatory provisions under the NDPS Act were not complied with in this case and the 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/non-applicant would oppose the bail application and submit that the charge-sheet has not been filed in the present case. He further submits that the quantity of contraband article i.e. 34.70 kg Ganja recovered from the possession of the applicant is much 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. 3
6.
From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is much above the commercial quantity and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant -Lingraj Sahu, involved in Crime No. 370/2024 registered at Police Station, Devbhog District Gariyaband (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/-
(Ramesh Sinha)
Chief Justice Avinash