Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6331
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1004 of 2025 Aamin Khan S/o Hamid Khan Aged About 30 Years R/o Amarkantak Road Gaurella P.S. Gaurella, District – G.P.M. (C.G.)
... Applicant versus State of Chhattisgarh Through P.S. Gaurella, District – G.P.M. (C.G.)
---- Non-applicant
For Applicant : Mr. Vijay Shankar Mishra, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 04.02.2025
1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No.242/2024, registered at Police Station – Gaurella, District – G.P.M. (C.G.) for the offences punishable under Section 21 and 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that the Police of Police Station – RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 Gaurella, District – G.P.M. (C.G.) has received a secret information through the informant and on the basis of the said information, the Police authority has seized a total of 132 ml of Brufanafine Injection IP 2 ml each from the possession of the present applicant and the co-accused persons. Thereafter, the applicant was arrested and the case was registered by the Police. 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 charge-sheet has been filed in this case. It is further submitted that no any contraband article seized from the possession of the applicant and the applicant has only taken a lift from the vehicle in which 2 co-accused persons set and the contraband article was seized. The applicant is in jail since 11.07.2024. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 132 ml of Brufanafine Injection IP 2 ml each has been seized from the possession of the applicant, which is much above the commercial quantity. It is further submitted that the charge-sheet has been filed in this case. Hence, this bail application is liable to be rejected. 5.
I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that the quantity of contraband
3 article seized from the possession of the applicant and the co- accused i.e. a total of 132 ml of Brufanafine Injection IP 2 ml each, is much above the commercial quantity, further considering the fact that the applicant was also found in the vehicle in which the contraband article was seized along with him and the co- accused persons, and the charge-sheet has been filed in this case, thus, the bail application of applicant – Aamin Khan involved in Crime No.242/2024, registered at Police Station – Gaurella, District – G.P.M. (C.G.) for the offences punishable under Section 21 and 22(C) of the NDPS Act, is rejected at this stage. 7. Needless to say that the learned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 8. The OfÏce 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
Rajshekhar