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2026 DAILYLAW 15767 (CHH)

ATENDRA JAAT v. STATE OF CHHATTISGARH

MCRC/10364/2025 · 2026-01-18

Transfer Petitionbody2026

Judgment text

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1 2026:CGHC:2997 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10364 of 2025 Atendra Jaat S/o Puran Singh Aged About 46 Years R/o Madoli, District : Bharatpur, Rajasthan. ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Chilfi, District – Kawardha (Kabirdham), Chhattisgarh. ---- Non-applicant For Applicant : Mr. Avinash Shrivastava, Advocate appearing through video conferencing. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No.12/2024, registered at Police Station – Chilfi, District – Kabirdham (C.G.) 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. The prosecution story in brief, is that the Police of Police Station – Chilfi, District – Kabirdham (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 1048.92 Kgs of Ganja from the possession of the present applicant and co- accused. Thereafter, the applicant was arrested and the case was registered by the Police. 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 applicant was found along with the co-accused in a truck in which the aforesaid contraband article was seized, and so far as the status of the trial is concerned out of 27 prosecution witnesses, only 4 have been examined by the trial Court and have turned hostile. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 15.02.2024. 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 a total of 1048.92 Kgs of Ganja has been seized from the possession of the applicant and the co- accused, which is above the commercial quantity. It is further submitted that the charge-sheet has been filed in this case. Hence, this 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 contraband 3 article seized from the possession of the applicant and the co- accsued i.e. a total of 1048.92 Kgs of Ganja, is much above the commercial quantity and the applicant along with the co-accused is found to transporting the said contraband article through truck, and the applicant is failed to give any explanation for the same and it could not be a case of false implication, the charge-sheet has been filed in this case, hence, the bail application of applicant – Atendra Jaat involved in Crime No.12/2024, registered at Police Station – Chilfi, District – Kabirdham (C.G.) for the offences punishable under Section 20(B)(ii)(c) of the NDPS Act, is rejected at this stage. 7. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, 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 Rajshekhar