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2025 DAILYLAW 7069 (CHH)

PAPPU HARIJAN v. STATE OF CHHATTISGARH

MCRC/964/2025 · 2025-03-06

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:11182 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 964 of 2025 1 - Pappu Harijan S/o Shri Shankar Harijan, Aged About 33 Years R/o Village Boriguma, Hatpatta, P.S. And Tahsil Boriguma, District Koraput Orissa. 2 - Narendra Khora S/o Shri Sada Khora Aged About 24 Years R/o Village Vyapariguda, Tahsil Jaipur, District Koraput Orissa. (Detail Of The Applicants Have Not Mentioned In Annexure A-1) ... Applicants versus State of Chhattisgarh Through Station House OfÏcer, Police Station Bodhghat, District Bastar (C.G.). ... Non-applicant For Applicants : Mr. Vinod Kumar Tekam, Advocate For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.03.2025 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 applicants who have been arrested in connection with Crime No. 409/2024 registered at Police Station– Bodhghat, Bastar, District : Bastar (C.G.), for the offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. Case of the prosecution, in brief, is that the Police of Police Station – Case of the prosecution, in brief, is that the Police of Police Station – Bodhghat, Bastar, District : Bastar (C.G.), had received secret information from the informant and on the basis of the said information conducted a raid and seized total 37.100 Kgs contraband article Ganja from the joint possession of the present applicants. Thereafter, the Police has registered the offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicants. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case and the alleged contraband article was not recovered from the joint possession of the present applicant and no any contraband article has been seized from the applicants. He further submits that both the applicant have no any previous criminal antecedent. He further submits that the present applicants are in jail since 23.09.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the quantity of contraband article i.e. total 37.100 kgs Ganja from the possession of the present applicants, which is much above the commercial quantity and as such, the applicants are not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case and further the fact that the contraband article i.e. total 21.350 kgs Ganja from the joint possession of the present applicants, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. 7. Accordingly, the bail application of the applicants – Pappu Harijan and Narendra Khora, involved in Crime No. 409/2024 registered at Police Station– Bodhghat, Bastar, District : Bastar (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 trail expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan