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2025 DAILYLAW 7230 (CHH)

SHARFUDDIN SHAH v. STATE OF CHHATTISGARH

MCRC/1029/2025 · 2025-02-05

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Judgment text

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1 2025:CGHC:6532 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1029 of 2025 1 - Sharfuddin Shah S/o Shahabuddin Aged About 35 Years Resident Of Dashhrabag, District Barabanki (U.P.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through- Station House OfÏcer, Police Of Police Station Purur, District Balod (Chhattisgarh) ..Respondent(s) For Applicants : Mr. Anil Gulati, Advocate For-Non-applicant : Mr. Hariom Rai, Panel Lawyer 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.26 of 2024 registered at Police Station – Purur, District -Balod (C.G.) for the offence punishable under Section 20(B) of the N.D.P.S. Act. NISHA DUBEY Digitally signed by NISHA DUBEY 2 2. Case of the prosecution, in brief, is that on 12.11.2024 the police of Police Station-Purur, Balod received secret information that two persons are illegally transporting Ganja in purple colour Mahindra XUV 500 vehicle bearing registration number UP32-JV-3093. On the basis of the secret information, the police intercepted the accused persons; seeing the police, co-accused Mohammad Imran was arrested whereas present applicant managed to flee from the spot. The police seized 40 kg ganja, the narcotic substance. Applicant was arrested by the police ib 12.11.2024. 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 the applicant has been made accused on the basis of statement of co-accused who was apprehended on spot and disclosed the name of applicant to be the person who fled from the spot. He submits that seizure witnesses have been examined during trial and they have not supported the case of prosecution. Applicant is in jail since 12.11.2024, 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 quantity of Ganja seized is greater than small quantity. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of case, quantity of Ganja seized, which is a commercial quantity, and that the trial is under progress, this court is not inclined to grant bail to applicant. Accordingly, bail application of the applicant- Sharfuddin Shah, involved in Crime No.26 of 2024, under Section 20(B) of the N.D.P.S. Act at Police Station – Purur, District – Balod (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