Chattisgarh High Court
R.P.N. Nishad vs State Of Chhattisgarh on 27 May, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
Digitally
signed
by AMIT
PATEL
2025:CGHC:22404
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3901 of 2025
1 - R.P.N. Nishad S/o Shri Ramnarayan Nishad Aged About 24 Years
(Wrongly Mentioned As R.P. Nishad) R/o Jangal Nawgawa, P.S. Vishnupura,
Distt. - Kushinagar (Uttar Pradesh)
...Applicant
versus
1 - State Of Chhattisgarh Through Police Station Of Bhatapara-City, District
Balodabazar-Bhatapara Chhattisgarh
... Non-applicant
For Applicant : Mr. Adil Minhaj, Advocate.
For Non-applicant/State : Mr. Ankur Kashyap, Dy.G.A.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
27.05.2025
1.
This is the first bail application filed under Section 483 of the Bhartiya
Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant
who has been arrested in connection with Crime No. 69/2025 registered
at Police Station Bhatapara, District Balodabazaar-Bhatapara (C.G.), for
the offence punishable under Section 20(b) of the Narcotic Drugs and
Psychotropic Substances Act, 1985.
2. Case of the prosecution, in brief, is that Police of Police Station
Bhatapara, District Balodabazar-Bhatapara (C.G.) has received secret
information from the informant that two unknown persons carrying illicit
2
contraband article ganja with them for the purpose of selling it in open
market, the informant also informed that two persons have arrived here
by Sarnath Express Train and one of the person was carrying a trolly bag
and another was carry a shoulder bag and were looking for a buyer. On
the basis of said information, the police intercepted both of them and
seized 12.300 KG from co-accused Anand Nishad and seized 13.440
Kgs from another co-accused Dasrath Nishad, a total of 25.740 Kgs of
contraband article ganja. During the interrogation statement of them were
recorded, wherein it was disclosed that the present applicant has hired
them to procure and sell the illicit contraband article ganja for which they
were supposed to received Rs. 8,000/-. Thereafter, the Police has
registered the offence punishable under Section 20(B) of the Narcotic
Drugs and Psychotropic Substances Act, 1985.
3. Learned counsel for the applicant submits that the present applicant has
been falsely implicated in this case and 25.740 Kgs of contraband article
ganja were recovered from the joint possession of other co-accused
persons and not recovered from the possession of the present applicant
alone and after the interrogation, statement of co-accused namely Anand
Nishad was recorded, in which he has stated that the applicant hired
them to procure and sell the illicit contraband article ganja by alluring
them that he will pay hefty amount and later seizure of the same were
recovered from the joint possession of the accused and another co-
accused. He also submits that the present applicant has no criminal
antecedents and he further submits that the applicant is in jail since
26.03.2025, conclusion of the trial may take some time, therefore, he
prays for grant of regular bail to the applicant.
4. Learned counsel appearing for the State/non-applicant would oppose the
bail application and submit that the charge-sheet has filed in the present
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case before the competent Court. He further submits that the quantity of
contraband article i.e. 25.740 kgms (Ganja) has been recovered from the
possession of other co-accused persons, which are much above the
commercial quantity and during the interrogation statements of them
were recorded, wherein it was disclosed that the present applicant has
hired them to procure and sell the illicit contraband article ganja, as such,
the applicant is not entitled to be released on bail.
5. I have heard learned counsel appearing for the parties and perused the
case diary.
6. Considering the fact that the charge-sheet has been filed before the
competent Court and after having gone through the material available on
record and statement of the co-accused persons, it appears that the
present case to be an authorized fact for illegal smuggling of the
contraband article ganja, as such this Court is of the opinion that it is not
a fit case to enlarge the present applicant on regular bail. Accordingly, the
bail application of the applicant – R.P.N. Nishad, involved in Crime No.
69/2025 registered at Police Station Bhatapara, District Balodabazar-
Bhatapara (C.G.), for the offence punishable under Section 20 (b) of the
Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected.
7. Needless to say that the trial Court concerned is at liberty to proceed and
conclude the trial expeditiously.
8. 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
AMIT PATEL