SHIVANAND PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Sec. 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 466/2024 registered at Police Station Bhatapara(Town), District Baloda-Bazar Bhatapara (C.G.) for the offence punishable under Sec. 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Case of the prosecution, in brief is that the police of Police Station Bhatapara(Town), District Baloda-Bazar Bhatapara (C.G.), received a secret information from the informant and on the basis of the said information police conducted a raid and seized 12.460 Kgs of Ganja from the possession of the present applicant. Thereafter, an FIR under Sec. 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicant.

(3.) It has been argued by learned counsel for the applicant that the present applicant has been falsely implicated in this case and said contraband article was not seized from the possession of the present applicant. He further submits that prosecution agency has not followed the provisions under Sec. 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that the present applicant has no criminal antecedents. He further submits that the co-accused person, namely, Smt. Pooja Patel in MCRC No. 895/2025 has already been granted bail by this Hon'ble Court vide order dtd. 31/1/2025, hence the applicant is also entitled to be released on bail on the ground of parity.