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2025 DAILYLAW 7332 (CHH)

MOHD. SHAHRUKH DANISH v. STATE OF CHHATTISGARH

MCRC/992/2025 · 2025-02-04

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Judgment text

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1 2025:CGHC:6327 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 992 of 2025 Mohd. Shahrukh Danish S/o Mohd. Amanullah Aged About 24 Years R/o 25/27 Second Floor Trilokpuri Police Station Trilokpuri East Delhi, Delhi ... Applicant versus State of Chhattisgarh Through Police Station Singhoda District - Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Sushil Dubey, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.02.2025 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 applicant who has been arrested in connection with Crime No. 90/2024 registered at Police Station – Singhoda, District – Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police Station– Singhoda, District – Mahasamund (C.G.), had received secret 2 information from the informant and on the basis of the said information conducted a raid and seized 27 Kgs of Contraband Ganja from the joint possession of the applicant along with other co-accused person. Thereafter, the Police has registered the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article i.e. 27 kgs of ganja was not seized from the joint possession of the present applicant and other co-accused person. He also submits that the present applicant has no criminal antecedents and he is in jail since 10.08.2024, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of contraband article i.e. 27 Kgs of Ganja, was recovered from the joint possession of the present applicant and other co-accused person, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that the contraband article which has been seized from the joint possession of the present applicant other co-accused person which 3 is much above the commercial quantity and the applicant has failed to give any explanation for the same and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Mohd. Shahrukh Danish, involved in Crime No. 90/2024 registered at Police Station – Singhoda, District – Mahasamund (C.G.), for the offence punishable under Section 20(b) 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 trial 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 Abhishek ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.05 12:23:57 +0530