57 +0530 2 - Laxman Kumar Paikra S/o Late Ganesh Ram Paikra Aged About v. Applic
Case Details
ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.01.04 13:19:36 +0530 1 2025:CGHC:365 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7525 of 2024 1 - Panchram Chouhan S/o Manharan Chouhan Aged About 34 Years R/o Village Sasha, Police Station Pamgarh, District- Janjgir- Champa, ANURADHA TIWARI Chhattisgarh. Digitally signed by ANURADHA TIWARI Date: 2025.01.04 13:21:57 +0530 2 - Laxman Kumar Paikra S/o Late Ganesh Ram Paikra Aged About 35 Years R/o Village Jogidipa Police Outpost Sonakhan, Police Station Kasdol, District- Balodabazar- Bhatapara, Chhattisgarh versus ... Applicants State of Chhattisgarh Through- Thge Sho, Police Station Kasdol, District- Balodabazar- Bhatapara, Chhattisgarh ...Non-applicant For Applicant
Legal Reasoning
: Mr. Siddharth Pandey, Advocate For Non-applicant : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.01.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 419/2024 registered at Police Station Kasdol, District 2 Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the “NDPS Act”). 2. The prosecution story, in brief, is that on 28.09.2024, the Police got a tipoff that two persons in a motorcycle bearing registration no. CG 22 K 2614 are going towards Village Kasdol from Village Pithora. The Police, near Asnind Forest Barrier stopped them wherein the pillion rider fled away, whereas the rider of the motorcycle was caughtm who was carrying 5.176 kg. Contraband/ Ganja in a bag. Thereafter, the applicants were arrested in the present case. 3. It has been argued by the learned counsel for the applicants submits that the applicants have been falsely implicated in this case and said contraband (Ganja) was not seized from the exclusive possession of the applicants. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicants intermediate quantity of the psychotropic substance Ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the applicants only 5.176 Kgs. contraband article i.e. (Ganja) has been seized. It is further submitted by the 3 learned counsel for the applicants that the applicants have no criminal antecedents and they are in jail since 28.09.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned State Counsel, appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court but the trial is in progress. She endorse the said submission that the applicants have no criminal antecedents and further submits that from the possession of the applicants contraband article i.e. 5.176 Kgs. of Ganja is seized, therefore, the present applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the contraband article i.e. 5.176 Kgs. Ganja has been seized from the possession of the applicants, which is less than commercial quantity, and the charge-sheet has been filed but the trial is in progress as well as the fact that there is no criminal antecedent against the applicants, this court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants- Panchram Chouhan and Laxman Kumar Paikra involved in Crime No. 419/2024, registered at Police 4 Station- Kasdol, District- Balodabazar-Bhatapara, (C.G.) for the offence punishable under Section 20(b) of the NDPS Act, be released on bail on their furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the 5 trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, within a period of six 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/- (Ramesh Sinha) Chief Justice Anu