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2025 DAILYLAW 9009 (CHH)

ROHIT KUMAR v. STATE OF CHHATTISGARH

MCRC/1508/2025 · 2025-02-21

body2025

Judgment text

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1 2025:CGHC:9174 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1508 of 2025 Rohit Kumar S/o Rajdev Singh Porte Aged About 21 Years R/o Sakin Jamgala Talapara, Police Station Lakhanpur, District- Surguja (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station Kotwali Ambikapur, District- Surguja (C.G.) ... Non-applicant For Applicant : Mr. Rohitashva Singh, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.706/2024, registered at Police Station: Kotwali Ambikapur, District- Surguja, Chhattisgarh for the offences punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution story, the Police had received secret information PREETI KUMARI Digitally signed by PREETI KUMARI 2 on 11.10.2024 to the effect that some suspected persons are roaming in their E-Rickshaw and trying to sell out intoxicated injections, and when they reached the spot and enquired and they found and seized 58 pieces Buprenorphine Injection IP Talgesic 2 ML and 58 pieces Pheniramine Maleate Injection IP Avil 10 ML in the under driver seat of E-Rickshaw in a red bag, then crime was registered against 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 submitted the applicant was outside of the E-Rickshaw and there is no connection between the applicant and E-Rickshaw and he is also not owner of the E-Rickshaw and injection is seized from under the drive seat. It is further submitted that the charge-sheet has been filed. The applicant is in jail since 11.10.2024. 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 total quantity of 58 pieces Buprenorphine Injection IP Talgesic 2 ML and 58 pieces Pheniramine Maleate Injection IP Avil 10 ML seized from possession of the present applicant, which is much more than the commercial quantity. Further the charge-sheet has been submitted. Hence, his 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 psychotropic substances which has been seized from the present applicant, is much more than the commercial quantity and the applicant has failed to give 3 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 – Rohit Kumar involved in Crime No.706/2024, registered at Police Station: Kotwali Ambikapur, District- Surguja, Chhattisgarh for the offences punishable under Section 21(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