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2025 DAILYLAW 7407 (CHH)

DINESH DAHARIYA v. STATE OF CHHATTISGARH

MCRC/1106/2025 · 2025-02-07

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Judgment text

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1 2025:CGHC:7055 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1106 of 2025 Dinesh Dahariya S/o Raju Dahariya Aged About 22 Years R/o House No. 95, Opposite Ghosidas Nagar Cricket Ground, Thana Jamul District Dug, Chhattisgarh. ... Petitioner(s) versus State of Chhattisgarh Through Station House OfÏcer Police Station Jamul, District Durg, Chhattisgarh. ... Respondent(s) For Applicant : Ms. Anjali Pradhan, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.02.2025 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.216/2024, registered at Police Station – Jamul, District Durg (C.G.) for the offences punishable under Section 20(b)(ii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.10 17:35:11 +0530 2 2. The prosecution story in brief, is that 0n dated 06.06.2024, Officer in charge of Thana Jamul Namely Keshav Ram Koshle has gone to Nanadani- Jamul road along with staff member for searching the vehicles and during the search proceedings, a brown color Tata Mini Truck bearing Registration no. CG07-CM-2878 driven by the applicant Dinesh Dahariya and other co accused came from Nandani to Jamul and upon search of said vehicle near Bogda Puliya Nandani Road, 150 kg Ganja containing 150 packets was recovered from the backside of it in presence of the witnesses which was kept by him purpose of sale, thereafter police have been arrested the applicant and other co accused. 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. He further submits that the essential ingredients of alleged offence are not prima facie attracted against the applicant. The applicant is in jail since 06.06.2024. 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 150 Kgs Ganja has been seized from the possession of the applicant, which is much above the commercial quantity. 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 article 3 seized from the possession of the applicant i.e. 150 KGs Ganja, is much above the commercial quantity and the applicant is failed to give any explanation for the same and it could not be a case of false implication, the charge-sheet has been filed in this case, hence, the bail application of applicant – Dinesh Dahariya involved in Crime No.216/2024, registered at Police Station – Jamul, District Durg (C.G.) for the offences punishable under Section 20(b)(ii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 7. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same expeditiously. 8. The Office 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 Preeti