Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:7338
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1187 of 2025 Moh. Samim S/o Ishak Ahmad Aged About 44 Years R/o Village- Holi Great- Kidwai Nagar Ata, Police Station-City Kotwali Ata, Tahsil- Meja, Post- Bhaganpur District- Ata, Uttar Pradesh
... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police- Chhilphi, District- Kawardha (Kabirdham), Chhattisgarh
... Non-Applicant For Applicant : Mr. Sanjeev Kumar Sahu, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 10.02.2025
1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.13/2024, registered at Police Station: Chhilphi, District- Kawardha (Kabirdham), Chhattisgarh for the offences punishable under Section 20(B)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act.
2. As per the prosecution story, on 19.02.2024 the Station House Officers PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.10 18:51:40 +0530
2 along with Police party has been searched was vehicle in place main road Abkari check post NH-30, after checking one Vehicle bearing registration No. UP-85-1127 and thereafter stop the case searching the vehicle seized contraband (Ganja) Cannabis 334.640 Kgs. from joint possession of the present applicant and other co-accused, Accordingly the police officials of police station Chillphi Nagar has been registered FIR and offence punishable under Section 20 (B) of the N.D.P.S. Act 1985 and applicant was arrested.
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 submitted that the manner, in which Police Officials conducted the raid and seized the alleged quantity of Ganja from the vehicle and joint possession, creates suspicion in the entire raid activity and in the
facts of the case false implication of the applicant be ruled out. It is further submitted that the charge-sheet has been filed. The applicant is in jail since 20.02.2024. 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 the quantity of 334.640 Kgs. contraband (Ganja) Cannabis seized from joint possession of the present applicant and other co-accused, which is much more than the commercial quantity. Further the charge-sheet has been submitted. Hence, his bail application is liable to be dismissed.
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 i.e. Ganja which has been seized from the present applicant, is much more than the commercial quantity and the applicant has failed to give any explanation for the same and it cannot be said to be a case of false implication, further the charge-sheet has been submitted and the trial is in progress, the bail application of applicant – Moh. Samim involved in Crime No.13/2024, registered at Police Station: Chhilphi, District- Kawardha (Kabirdham), Chhattisgarh for the offences punishable under Section 20(B)(ii)(C) 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 trial Court concerned is at liberty to proceed and conclude the trial 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