Harish Patel S/o Santosh Kumar Patel Aged About 31 Years R/o Village Salihapara Jawali v. State of Chhattisgarh Through Police Station House OfÏcer, Balouda, Distt. Janjgir-Champa
Case Details
1 2025:CGHC:5648 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8466 of 2024 Harish Patel S/o Santosh Kumar Patel Aged About 31 Years R/o Village Salihapara Jawali, Police Station- Bankimongara, Civil, Revenue and Distt. Korba (Chhattisgarh) --- Applicant versus State of Chhattisgarh Through Police Station House OfÏcer, Balouda, Distt. Janjgir-Champa (Chhattisgarh) --- Non-Applicant MCRC No. 8864 of 2024 Karan @ Dakeshwar Kashyap S/o Mahesh Kashyap Aged About 26 Years R/o Village Bagichapara Police Station Ward No. 05, Naila Chouki Naila Police Station - Janjgir Civil Revenue And District - Janjgir - Champa (C.G.) --- Applicant Versus State of Chhattisgarh Through Police Station House OfÏcer Baloda District - Janjgir - Champa (C.G.) --- Non-Applicant MCRC No. 702 of 2025
Legal Reasoning
Altaf Ali S/o Shri Arsad Ali Aged About 20 Years R/o Modi Chowk, Police Station and Tahsil- Champa, Distt. Janjgir-Champa (C.G.) --- Applicant 2 Versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Baloda, Distt. Janjgir-Champa (C.G.) --- Non-Applicant MCRC No. 783 of 2025 Krishna Sahu S/o Shri Chandra Prakash Sahu Aged About 24 Years R/o Village Pahariya, Police Station Balauda, District Janjgir-Champa Chhattisgarh --- Applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.31 16:39:42 +0530 State of Chhattisgarh Through The Station House OfÏcer, Police Station - Balauda, District Janjgir-Champa Chhattisgarh Versus --- Non-Applicant For Applicants (MCRC Nos. 8466/2024 and 8864/2024) For Applicant (MCRC No. 702/2025) For Applicant (MCRC No. 783/2025) For Non-Applicant/State : Mr. Santosh Kumar Verma, Advocate. : Mr. Vivek Kumar Shrivastava, Advocate. : Mr. Dashrath Kushwaha, Advocate. : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.01.2025 1. 2. Since the above-mentioned four bail applications arise out of same crime
Decision
number, they are clubbed and heard together and are being disposed of by this common order. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No. 409/2024, registered at Police Station: Balauda, District Janjgir-Champa, Chhattisgarh for the offences punishable under Sections 21(B) and 22 of the Narcotic Drugs and Psychotropic 3 Substances Act, 1985, for short, the NDPS Act. 3. The prosecution story in brief, is that on 17.11.2024, the Sub-Inspector of Police Station Baloda received information from an informer that two individuals on a motorcycle were traveling towards Baloda from Hardi Bazar Budgahan Road with the intention of selling illegally banned medicines, narcotic syrup, and capsules. They were expected to proceed towards Janjgir via Pahariya. Based on this information, the police conducted a search and recovered from accused Harish Patel: A black Pulsar motorcycle and an Oppo mobile phone, From accused Raju Kahra: A black Vivo mobile phone, 61 bottles of WINGS Codeine Phosphate Triprolidine Hydrochloride Onerex Cough Syrup (stored in a catechu-dotted bag), and 30 strips of capsules, each containing 8 capsules, From accused Dakeshwar alias Karan Kashyap: A red motorcycle without a number plate, a Zen keypad mobile phone, and ₹500 in cash, From accused Milesh Suryavanshi: An Oppo mobile phone, ₹500 in cash, 72 bottles of WINGS Codeine Phosphate Triprolidine Hydrochloride Onerex Cough Syrup (100ml each), and 20 bottles of Spasmo Syrup. As per the statements recorded in the memorandum of the accused, Krishna Sahu was contacted over the phone, and he informed them that the syrup he had previously purchased from Raju Kahra was hidden in a nearby forest. Upon his indication, the police recovered 30 bottles of WINGS Codeine Phosphate Triprolidine Hydrochloride Onerex Cough Syrup (100ml each).Further investigation led to the questioning of Altaf Ali and Sanju Devangan through Raju Kahra. Upon Altaf Ali’s identification, the police seized 30 bottles of WINGS Codeine Phosphate Triprolidine Hydrochloride Onerex Cough Syrup (100ml each) from his possession. Additionally, 22 bottles of the same syrup were recovered based on the 4 information provided by Sandeep Devangan.The total quantity of seized syrup falls under the category of commercial quantity. Consequently, Crime No. 409/2024 was registered against the applicant/accused under Section 21(B) and 22 of the NDPS Act, leading to his arrest for alleged involvement in the crime. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She further submits that the charge-sheet has been filed in this case and he is in jail since 31.05.2024. Therefore, she prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the present applicants were in two motor-cycles, applicant Karan @ Dakeshwar Kashyap was driving along with Harish Patel, and from the Ataf Ali 03 Kgs contraband article has been seized, so far as the Krishna Sahu is concerned, his name has come into light in the memorandum statement of the co-accused, namely, Raju Kahra and recovery has been made from Krishna Sahu, which is much more than the commercial quantity. Hence, their bail application is liable to be dismissed. 5. 6. I have heard learned counsel for the parties and perused the material available on record. Considering the facts and circumstances of the case and further the fact that all the accused/applicants are involved in illegal trading of contraband article, which is much more than the commercial quantity, for which there is no explanation has been given by the counsel for the applicants and it cannot be said to be a false implication, therefore, the bail application of applicants- Harish Patel, Karan @ Dakeshwar Kashyap, Altaf Ali and Krishna Sahu involved in Crime No. 409/2024, 5 registered at Police Station: Balauda, District Janjgir-Champa, Chhattisgarh for the offences punishable under Sections 21(B) and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. The OfÏce is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice 7. 8. Preeti