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2026 DAILYLAW 2136 (CHH)

SURAJ PRASAD SAHIB v. STATE OF CHHATTISGARH

MCRC/483/2026 · 2026-01-27

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Judgment text

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1 2026:CGHC:4785 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 483 of 2026 Suraj Prasad Sahib S/o Bhanuprasad Sahib Aged About 28 Years R/o Village Jariyari, Police Station Jaitrahi, District : Anuppur, Madhya Pradesh ... Applicant versus State Of Chhattisgarh Through Police Station- Sarsiva, District : Sarangarh-Bilaigarh, Chhattisgarh ... Respondent For Applicant : Shri Suresh Tandon, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/01/2026 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. 54/2024 registered at Police Station Sarsiva, District Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 20(b)(ii)(c) of NDPS Act and Section 465 & 471 of IPC. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.30 18:58:17 +0530 2 2. Case of the prosecution, in brief, is that on 02.02.2024 the Station House Officer received secret information about the illegal transportation of Ganja, on aforesaid information the police reached the spot and stop the Maruti Disear Car bearing No. OD 02 4339 on search the police found 120 KG of Ganja it is alleged that the present applicant along with co-accused Akash Thakur illegal transporting the Ganja in Swift Disear Car, it is further alleged that the accused persons change the number plate of alleged car, original registration number of MP 02 KG-2971, it is further alleged that accused persons failed to produce valid document pertaining to the alleged contraband, the present applicant has been arrested. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 03/02/2024. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would submit that conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/respondent would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She would further submit that the quantity of contraband article i.e. 120 kg Ganja recovered from the joint possession of the applicant and co-accused is above the commercial quantity and so far as status of the trial is concerned, out of 19 prosecution witnesses, 11 prosecution witnesses have been examined, therefore the applicant is not entitled to be released on bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that the contraband article Ganja which has been seized from the joint possession of the applicant and co-accused is above the commercial quantity, further the applicant has failed to give explanation for the same and it cannot be a case of false implication, so far as status of the trial is concerned, out of 19 prosecution witnesses, 11 prosecution witnesses have been examined, the trial is in progress, 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 the applicant Suraj Prasad Sahib, involved in Crime No. 54/2024 registered at Police Station Sarsiva, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 20(b)(ii)(c) of NDPS Act and Section 465 & 471 of IPC, is rejected. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of four months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/-- Sd/- (Ramesh Sinha) Chief Justice gouri