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2025 DAILYLAW 8966 (CHH)

ANJAN KUMAR MOHANTY v. STATE OF CHHATTISGARH

MCRC/1640/2025 · 2025-03-03

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Judgment text

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1 2025:CGHC:10318 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1640 of 2025 Anjan Kumar Mohanty S/o Shri Vinayak Mohanty, Aged About 34 Years R/o Village Kiyakata, Ward No. 12, Police Station Kiyakata, District Angul (Odisha). (Surname Is Correct Mentioned) ... Petitioner(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Singhoda, District- Mahasamund (C.G.). ... Respondent(s) For Petitioner(s) : Mr. Sunil Verma, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No.05/2025, registered at Police Station Singhoda, District- Mahasamund (C.G.) for the offence punishable under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act). ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.05 10:39:46 +0530 2 2. The prosecution story in brief, is that, on 16.01.2025 the Police of Police Station Singhoda, District Mahasamund (C.G) searched the vehicles and from the possession of the applicant with co- accused, Toyota Crolla car number MH 06 AB 3307 and Ertiga car number OD 02 CZ 8252, were shown to be illegally transporting the narcotic substance Ganja. A total of 41 kg Ganja has been seized from the joint possession of the applicants at the scene of the incident. Thus, the police of police station Singhoda have registered the case for an offence punishable offence under Section 20 (B) of N.D.P.S. Act. 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 police has not seized psychotropic substances from the exclusive possession of the applicant. The alleged contraband article has been recovered from exclusive possession of other co-accused. Further, the applicant is a student and is languishing in jail since 17.01.2025, though the charge-sheet has been filed, but it may take some time to conclude the trial, 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 from the possession of applicant and other co-accused persons, total 41 kgs of ganja has been seized which is much above the commercial quantity, as the commercial quantity of ganja is 20 kgs, hence, the bail application 3 of the applicant 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 nature and gravity of the offence and the fact that from the joint possession of applicant along with other co-accused, 41 kgs of ganja has been seized which is much above the commercial quantity, as the commercial quantity of ganja is 20 kgs. In such a situation, considering the nature and quantity of the seized narcotic substance, it would not be justified to grant bail to the applicant/accused. 7. Therefore, the bail application filed by the applicant/accused – Anjan Kumar Mohanty involved in Crime No.05/2025, registered at Police Station Singhoda, District- Mahasamund (C.G.) for the offence punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act), is rejected at this stage. 8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek