Sandeep Sahu S/o Jaipal Sahu, Aged About 21 Years Niwasi- Gram Khero, Sahu Para v. (C.G.) For
Case Details
PREETI KUMARI Digitally signed by PREETI KUMARI 1 2025:CGHC:16912 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2561 of 2025 Sandeep Sahu S/o Jaipal Sahu, Aged About 21 Years Niwasi- Gram Khero, Sahu Para, Police Station Masturi District- Bilaspur C.G. ... Applicant State of Chhattisgarh Through- Police Station Sarkanda, District- Bilaspur versus (C.G.) For Applicant ... Non-Applicant
Legal Reasoning
: Mr. H.B.Agrawal, Senior Advocate assisted by Mr. Sandeep Kumar Jain and Smt. A. Sandhya Rao, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, learned Deputy Advocate General and Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.04.2025 1. Proceedings of this matter have been taken through video-conferencing. 2. This is the third bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 305/2024 registered at Police Station Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic 2 Substances Act, 1985. 3. The earlier two bail applications of the applicant were dismissed by this Court on merits vide orders dated 28.06.2024 and 05.02.2025 in MCRC Nos. 3995/2024 and 912/2025. 4. According to the prosecution's story, on 07.03.2024, the trainee Additional Superintendent of Police from Sarkanda Police Station, Bilaspur, received a tip from an informant and arrived at the scene to set up a blockade. As an Artiga car approached, the ofÏcer attempted to stop it by signaling with his hand, but the driver sped away and crashed into a bridge before fleeing on foot. Upon searching the car, the police found illegal ganja (cannabis) hidden in two sacks, each containing 24 packets. After weighing the contents of each sack separately, the total weight of the substance was found to be approximately 50 kilograms (24 kg 664 grams in the first sack and 24 kg 374 grams in the second). An FIR was subsequently filed against the unknown accused under the NDPS Act. 5. Learned counsel for the applicant submits that this is third bail application. Earlier two bail applications of the applicant were dismissed by this Court on merits. He further submits that the charge-sheet which was presented by the Police before the trial Court on 20.05.2024, no FSL report was presented by the Police in that charge-sheet, due to which in the present case till date i.e. within the time limit of 180 days for presenting the charge-sheet in relation to commercial quantity in the NDPS Act, the complete charge-sheet has not been presented by the Police. In such a situation, under the above provision, the applicant become entitled to be released on default bail. He relies upon the judgment of the Ho’ble Supreme Court in the matter of Bablu Singh vs. The State of Madhya Pradesh, Special Leave to Appeal (Crl.) No(s). 631/2024 decided on 05.08.2024. 3 6. Learned Senior Advocate for the applicant also relies upon the judgment of the Rajasthan High Court in the matter of Dheeraj Singh Parmar vs. State of Rajasthan, Criminal Miscellaneous Bail Application No. 164/2025 decided on 14.02.2025, and the judgment of the Punjab and Haryana High Court in the matter of Ajit Singh alias Jeeta and anr. vs. State of Punjab, Criminal Revision No. 4659/2015 decided on 30.11.2018. 7. On the other hand, learned Deputy Advocate General appearing for the State opposes the bail application and submits that the applicant along with other co-accused persons, was involved in trading contraband articles i.e. 49.038 Kgs of ganja, which are much above the commercial quantity. It is further submitted that on the last date of hearing i.e. on 02.04.2025, this Court has given the direction to the Director, Forensic Science, Raipur to file his personal afÏdavit giving the explanation as to why the FSL report had not been available to the trail Court due to which the trial is under progress, with regard to which the Director, State Forensic Science Laboraotry, Home(Police) Department, Raipur, District Raipur, has given his personal afÏdavit, in which he has submitted as under : 1. I am the Director, State Forensic Science Laboratory, Home (Police) Department, Raipur, District- Raipur (C.G.), and as such I am aware of the facts and circumstances of the case. 2. At the outset, the deponent respectfully submits that, he is duty bound to follow all the directions & orders passed by this Hon'ble Court from time to time and is having deepest & highest regard for this Hon'ble Court. He shall take all measures to ensure compliance of the orders and directions of this Hon'ble Court and shall leave no stone unturned to see that the commands of this Hon'ble Court are punctually obeyed. 4 3. That, it is respectfully submitted that the present matter was listed before the Hon'ble Court on 02.04.2025 and the Hon'ble Court directed to file personal afÏdavit of the Director, State Forensic Science Laboratory, Home (Police) Department, Raipur, District- Raipur (C.G.), to explain in the case as to why the FSL report has not been submitted to the Trial Court, due to which the Trial is under progress and it was further directed to furnish all the details of the case in which the FSL reports are awaited in the entire State. 4. It is respectfully submitted that, taking note of the fact that the Hon'ble Court has expressed due concern about the pendency of the Trial, the deponent most respectfully would like to submit that Regional Forensic Science Laboratory, Bilaspur received case of Crime No. 305/2024 PS- Sarkanda, Bilaspur in which trial is going on, vide letter dated 13.03.2024 and the examination report of the exhibits of the same has been dispatched to the Superintendent of Police, Bilaspur through Constable named Rajkumar Shayam, Batch No. 1207 vide letter no. क् रमांक/्ቌे.न्या.विS.प्र. / विUला./N-108/2024 विWनांक 26.04.2024 on 30.04.2024. A copy of the documents facilitating the same report and copy of its receiving on register of Regional Forensic Science Laboratory, Bilaspur has been annexed herewith as ANNEXURE A-1 for the kind reference of this Hon'ble Court. 5. That, it is most respectfully submitted that an ofÏcial letter dated 03.04.2025 communicating the aforesaid Hon'ble Court's order dated 02.04.2025 was forwarded by the OfÏcer-In-Charge of the case to all the concerned Joint Directors of Regional Forensic Science Laboratory and State Forensic Science Laboratory (Sarguja, Durg, Bilaspur and Raipur Jagdalpur) as per the directions of the Director, State Forensic Science Laboratory, Home (Police) Department, Raipur (CG) calling in detailed information about the cases in which the FSL reports are awaiting in the entire State. That, it is humbly submitted that total received case for FSL reports are 14,363, wherein 13,653 FSL report (for the year 2023-24) of the concerned cases have already 5 been sent to the concerned Superintendent of Police. Further it has been calculated that around 710 cases for the FSL report are under examination and all of them are related to cases of year 2025 (i.e. from the months of January 2025 to 31st of March 2025) itself only. All the detailed information are annexed herewith as ANNEXURE A-2 (Colly) for the kind reference of this Hon'ble Court. 6. It is further respectfully submitted that the deponent has the highest regards and immense respect for the lawful authority of this Hon'ble Court as well as its orders and directions issued from time to time and its duty bound to adhere to and abide by the orders.” 8. I have heard learned counsel for the parties and perused the case diary. 9. Considering the above submissions made by learned counsel for the parties as well as the afÏdavit filed by the Director, Forensic Science, Raipur in compliance of Court’s order dated 02.04.2025, further the charge-sheet has already been filed before the concerned trial Court on 08.05.2024 and till the said date the FSL Report was not prepared, so far as the present case is concerned it has been informed that the FSL report dated 26.04.2024 placed before the Superintendent of Police concerned on 30.04.2024, thereafter the same was also placed before the trail Court concerned on 20.05.2024, further considering the quantity of the Ganja recovered from the possession of the applicant i.e. 49.038 Kgs of ganja, which are much above the commercial quantity and the applicant has failed to give any explanation of the same and it cannot be a case of false implication, on which basis earlier two bail applications of the applicant were rejected by this Court, further the case law cited by the counsel for the applicant is distinguishable from the facts and circumstances of the present case, hence, this Court is of the opinion that the instant third bail application of the applicant is also liable to be rejected. 6 10. Accordingly, the third bail application of the applicant- Sandeep Sahu filed under Section 483 of BNSS, involved Crime No. 305/2024 registered at Police Station Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 11. Needless to say that the learned trial Court concerned is at liberty to proceed with the trail and conclude the same expeditiously. 12. The ofÏce 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