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2025 DAILYLAW 9258 (CHH)

RAJU LODHI v. NARCOTICS CONTROL BUREAU (NCB), INDORE

MCRC/1564/2025 · 2025-02-25

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Judgment text

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1 2025:CGHC:9643 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1564 of 2025 Raju Lodhi S/o Nanhe Bhai Lodhi Aged About 45 Years R/o House No.- 916, Ward No.-04, Laxmi Nagar, Thana - Baheriya, District - Sagar (M.P.) ... Applicant(s) versus Narcotics Control Bureau (NCB), Indore Through - Narcotics, Control Bureau, Zonal Unit - Indore (M.P.) ... Non-Applicant(s) For Applicant(s) : Ms. Anjali Pradhan, Advocate. For Non-Applicant(s) : None. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/02/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 03/2024 registered at Police Station Narcotics, Control Bureau, Zonal Unit - Indore (M.P.), for the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 offence punishable under Section 8/20(b)ii(C), 25, 27 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 15.02.2024, the NCB on the basis of a secret information stopped the truck bearing registration No. CG-25-H-0370 and Swift car bearing registration No. CG-10-AK-2802 and taken into possession 628.420 Kgs Ganja from the truck bearing registration No. CG-25-H-0370. The applicant/accused and other co-accused have been arrested in connection with aforementioned recovery. The Narcotics Control Bureau has produced the challan in the present case and arrested the applicant, Hence the bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 03.07.2024. She would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. She would also submit that the conclusion of the trial may take quite long time. Accordingly, she prays for enlarging the applicant on regular bail. 4. I have heard learned counsel appearing for the applicant and perused the case diary and bail rejection of the trial Court. 5. From perusal of the case diary and bail rejection of the trial Court, it transpires that the article which has been seized from the possession of the applicant is much above the commercial quantity, further the applicant has failed to give explanation for the same, so far as criminal antecedent of the applicant is concerned, applicant 3 has so many criminal antecedent pending against him and it cannot be a case of false implication, the trial is in progress. 6. Accordingly, the bail application of the applicant-Raju Lodhi, involved in Crime No. 03/2024 registered at Police Station Narcotics, Control Bureau, Zonal Unit - Indore (M.P.), for the offence punishable under Section 8/20(b)ii(C), 25, 27 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil