NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 564 of 2024 Durgesh Yadav S/o Late Heeralal Yadav, Aged About 22 Years, R/o Shardapara Behind Hanuman Mandir Sonkar Mohalla, Thana -

Cantonment District - Durg, Chhattisgarh.

---- Applicant Versus State of Chhattisgarh Through Station House Officer, Police Station Supela, District - Durg, Chhattisgarh.

---- Non-Applicant (Cause Title taken from Case Information System)

For Applicant : Ms. Anuja Sharma, Advocate.

For Non-Applicant : Mr. Sangharsh Pandey, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

02/02/2024

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 164/2023 registered at Police Station- Supela, District – Durg (C.G.), for the offence punishable under Sections 8, 21 and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Case of the prosecution, in brief, is that on 02.10.2023, a secret information was received that a few persons were illegally transporting contraband in vechicle bearing No. CG 07 BP 3266 and on the basis of the aforesaid information a raid was conducted. The aforesaid vehicle was apprehended and on search 2160 Spas Trancen Plus (Tramadol)

was seized from Rajkumar Dakva, 3600 Spas trancen plus (Tramadol) capsules were seized from accused Sohail @ Suhail Alam and a totoal of 1440 Spas trancen plus (Tramadol) capsules weighing 849.60 gms were seized from the present applicant.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 20.02.2023. He would further submits that the mandatory provisions with regard to search and seizure were not complied and the 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/non-applicant would oppose the bail application and submit that the contraband article that has been recovered from the possession of the applicant, which is much above the commercial quantity 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. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is much above the commercial quantity and it cannot be a case of false implication and the trial is in progress.

7. Accordingly, the bail application of the applicant – Durgesh Yadav filed under Section 439 of the Cr.P.C., involved in Crime No. 164/2023 registered at Police Station Supela, District – Durg (C.G.), for the offence punishable under Sections 8, 21 and 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected.

8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible preferably within a period of six months from the production of certified copy of this order, if there is no legal impediment.

9. OfÏce 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 Akhilesh