Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:8650
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1318 of 2025 Pankaj Kumar Singh S/o Deenanath Singh Aged About 42 Years R/o Beni Aurangabad P.S. Mali Aurangabad P.S. Mali Aurangabad Bihar
... Applicant versus State Of Chhattisgarh Through- Station House Officer, P.S. Gandhinagar, District – Surguja (C.G.). ---- Non-applicant For Applicant : Mr. Vineet Kumar Pandey, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 19.02.2025
1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No.364/2024, registered at Police Station- Gandhinagar, District – Surguja (C.G.) for the offences punishable under Sections 22C and 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that the Police of Police Station – Gandhinagar, District – Surguja (C.G.) has received a secret RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 information through the informant and on the basis of the said information, the Police authority has seized a total of 1500 Rexogesic Buprenophine Injection IP 20 ml, and total of 150 Avil Phniramine Injection IP 10 ml, from the possession of the co-accused person. Thereafter, the co-accused was arrested and the name of the applicant has come into light from the memorandum statement of the co- accused person. Hence, this application. 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. It is further submitted that the charge-sheet has been filed in this case, and no such seizure has been made from the possession of the applicant. The applicant is in jail since 24.09.2024. The conclusion of the trial is likely to take some time, therefore, she 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 1500 Rexogesic Buprenophine Injection IP 20 ml, and total of 150 Avil Phniramine Injection IP 10 ml has been seized which is more than the commercial quantity. It is further submitted that the charge-sheet has been filed in this case and the name of the applicant has come into light from the memorandum statement of the co-accused person.
It is further submitted that the bail application of the co-accused persons are already rejected by this Court vide order dated 11.12.2024, 10.01.2025 and 17.01.2025, passed in MCRC Nos. 8465/2024, 204/2025 and 445/2025. 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. 3
6. Taking into consideration the fact that the quantity of contraband article 1500 Rexogesic Buprenophine Injection IP 20 ml, and total of 150 Avil Phniramine Injection IP 10 ml has been seized which is more than the commercial quantity, and the charge-sheet has been filed in this case and the name of the applicant has come into light from the memorandum statement of the co-accused person, and the bail application of the co-accused persons are already rejected by this Court vide order dated 11.12.2024, 10.01.2025 and 17.01.2025, passed in MCRC Nos. 8465/2024, 204/2025 and 445/2025, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant – Pankaj Kumar Singh involved in Crime No.364/2024, registered at Police Station- Gandhinagar, District – Surguja (C.G.) for the offences punishable under Sections 22C and 27A of the NDPS Act, is rejected at this stage. 8. Needless to say that the learned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 9. 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 Rajshekhar