Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5622
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 840 of 2025
1. Bhaben Mandal S/o Haripad Mandal Aged About 21 Years R/o Village M.V. 17 P.S. Malkangiri, District- Malkangairi, Odisha. 2. Govind Bachhad S/o Sukumar Bachhad Aged About 20 Years R/o Village M.V. 16 Police Station Kalimela, District - Malkangiri, Odisha. 3. Chintu Madi S/o Bijju Madi Aged About 18 Years R/o Ashirbad Colony Malkangiri, District- Malkangiri, Odisha. ... Applicants versus State of Chhattisgarh Through The Police Station Konta, District- Sukma, Chhattisgarh. ... Non-applicant For Applicant(s) : Mr. Pravin Kumar Tulsyan, Advocate. For Non-Applicant(s) : Mr. Sangharsh Panddy, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.01.2025
1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 21/2024 registered at Police Station Konta, District - Sukma (C.G.), for the offence punishable under Sections 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2
2. According to the prosecution, on September 28, 2024, the police at Konta District Sukma searched a bus and found 21 packets of contraband "Ganja" weighing 44.300 kg from eight persons, including the applicants. An FIR was registered under Section 20(B) (ii)(c) of the NDPS Act, and a charge sheet was filed after investigation. 3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case and they are in jail since
28.09.2024. He further submits that the mandatory provisions regarding search and seizure were not complied with. He also submits that the applicants have no prior criminal record and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicants on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that 44.300 Kgs of Ganja were seized from the joint possession of the applicants, which are much above the commercial quantity. 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 44.300 Kgs of Ganja were seized from the joint possession of the applicants, which are much above the commercial quantity and shows that it is
3 an organized crime, therefore, I am not inclined to grant regular bail to the present applicants. 7. Accordingly, the bail application of the applicants - Bhaben Mandal, Govind Bachhad, Chintu Madi involved in Crime No. 21/2024 registered at Police Station Konta, District - Sukma (C.G.), for the offence punishable under Sections 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 and compliance. - Sd/-
(Ramesh Sinha)
Chief Justice Abhishek ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.03 14:13:40 +0530