VIJAY KUMAR SONI @ PRINCE SONI v. STATE OF CHHATTISGARH
MCRC/1085/2025 · 2025-02-06
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7196 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7196 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:6875
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1085 of 2025 Vijay Kumar Soni, @ Prince Soni, S/o Surendra Rai Soni, Aged About 32 Years, R/o Village- Dabripara, P.S. Baikunthpur, District Koria, Chhattisgarh. ... Petitioner versus State Of Chhattisgarh Through Station House Officer (S.H.O.) P.S.- Charcha, District Koria, Chhattisgarh. ... Respondent For Petitioner : Mr. Palaash Jha, Advocate For Respondent : Mr. Hariom Rai, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/02/2025
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 287/2024 registered at Police Station, Charcha, District- Koria, Chhattisgarh, for the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2
2. Case of the prosecution, in brief, is that on 19.12.2024, on 19.12.2024, the Police of Police Station Charcha received secret information from the informant and on the basis of said information, a raid was conducted and seized 17 numbers of buprenain injection (02 ML each) and 12 number of Evil Injection (12 ML each), from the possession of the applicant therefore, the aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. It is submitted that the alleged contraband article seized from the possession of the applicant is kept for medical use/ consumption and the same is below the threshold of commercial quantity and there is no compliance of mandatory provisions of the NDPS Act, regarding seizure of contraband. It is lastly submitted that the applicant has jail since 19.12.2024 and conclusion of the trial may likely to take sometime, therefore, the applicant is entitled to 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 the quantity of contraband article i.e. 17 numbers of buprenain injection (02 ML each) and 12 number of Evil Injection (12 ML each) which was 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. 3
5.
I have heard learned counsel appearing for the State and perused the case diary. 6. From perusal of the case diary, it transpires that the contraband article which has been seized from the possession of the applicant, is much above the commercial quantity and the applicant has failed to explain the same and it cannot be a case of false implication. It also transpire that the contraband seized from the possession of the applicant is kept for medical use/ consumption, but no valid document has been produced for the same. Hence, this Court does not find a it case to release the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Vijay Kumar Soni, filed under Section 483 of the B.N.S.S., involved in Crime No.287/2024 registered at Police Station Charcha, District – Koriya (C.G.), for the offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office 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 Arpan