Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6529
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1015 of 2025 1 - Dharmendra Singh S/o Roshan Singh Aged About 20 Years R/o Sahanipur, P.S. Gajner,District-Kanpur,U.P. 2 - Narendra Singh S/o Vijay Singh Aged About 24 Years R/o Karimnagar, P.S. Sikandra, District Kanpur, U.P.
... Applicants(s) versus 1 - State Of Chhattisgarh Through Station House Officer P.S. Basantpur, District Balrampur-Ramanujganj, Chhattisgarh.
... Respondent(s) For Applicants : Mr. Bhupendra Singh, Advocate For-Non-applicant : Mr. Bharat Gulabani, PL. Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board 05/02/2025
1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.135 of 2024 registered at Police Station – Basantpur, District-Balrampur Ramanujganj (C.G.) for the offence punishable under Section 20(B) of the N.D.P.S. Act. NISHA DUBEY Digitally signed by NISHA DUBEY
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2. Case of the prosecution, in brief, is that on 03.08.2024 the police of Police Station-Basantpur, District-Balrampur, Ramanujganj received secret information that some illegal Ganja is being transported. On the basis of the secret information, the police intercepted the applicant; seized 32 kg ganja from the dickey of car and applicant was arrested by the police.
3. It has been argued by the learned counsel for the applicant that present applicant has been falsely implicated in the crime in question. He submits that 32kg ganja has been seized from joint possession of applicants and co-accused person. It is stated that the provisions under Section 52A of the NDPS Act has not been complied with. Applicant is in jail since 3.8.2024, the charge sheet has been filed and conclusion of trial is likely to take time, therefore, he prays for grant of bail.
4. On the other hand, learned State counsel opposes the bail application and submits that the Hon’ble Apex Court recently in SLP (Cr) No.14420/2024 (Bharat Aambale vs State of CG), has held that the procedural lapse of delayed compliance of Section 52A of the NDPS will not entitle the accused to be released on bail on this ground alone.
5. I have heard learned counsel for the parties and perused the case diary.
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6. Taking into consideration the facts and circumstances, in particular the quantity of Ganja seized from possession of applicants, which is above the commercial quantity, the bail application of applicants- Dharmendra Singh and Narendra Singh, involved in Crime No.135 of 2024, under Section 20(B) of the N.D.P.S. Act at Police Station – Basantpur, District – Balrampur Ramanujganj(C.G.), is rejected.
7. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this
order, if there is no legal impediment.
8. Office 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 Nisha