Nanduram Potai vs State Of Chhattisgarh
2025 Latest Caselaw 3802 Chatt

Chattisgarh High Court

Nanduram Potai vs State Of Chhattisgarh on 17 April, 2025

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                                                                                            NAFR

                                 HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                 CRA No. 474 of 2025

                      Nanduram Potai S/o Dhaniram Potai Aged About 24 Years R/o Village
                      Banpachai, P.S. Benur, District Kondagaon, Chhattisgarh.
                                                                                    ... Appellant
                                                       versus
                      State Of Chhattisgarh Through Station House Officer, Police Station
                      Kondagaon, District Kondagaon, Chhattisgarh.
                                                                                 ... Respondent

Order Sheet

17/04/2025 Mr. Vikas Pradhan, Advocate for the appellant.

Smt. Sunita Manikpuri, Deputy G.A. for the State.

Heard on I.A. No. 1 of 2025, which is the application

for suspension of sentence and grant of bail to the

appellant.

The appellant has been convicted and sentenced by VEDPRAKASH DEWANGAN

the judgment of conviction and order of sentence dated

06.02.2025, passed in Special Criminal Case (NDPS Act

1985) No. 15 of 2024, by learned Special Judge (NDPS Act

1985) Kondagaon, District Kondagaon in the following

manner:-

Conviction Sentence U/s. 20(B)(ii)(C) of NDPS Act, Rigorous Imprisonment for 10 years 1985 and fine of Rs. 1,00,000/-, in default of payment of fine additional R.I. for 01 year.

Learned counsel for the appellant would submit that,

in the present case the appellant is innocent and has been

falsely indicated in the offence. The site plan prepared by

the police during the investigation (exhibit P-9 and P-78)

are entirely different. PW-2, who is the police constable has

stated in his cross-examination that, all the proceedings

have been done at police station and there is difference in

the seal impressed on the sample packets of the seized

article, when it was sent to the FSL. The appellant is in jail

since 24.03.2024, final adjudication of the case will take its

own time. Therefore, he may be enlarged on bail.

On the other hand, learned counsel for the State

opposes and has submitted that, total 46 Kgs ganja has

been seized from the vehicle of the appellant. All the

mandatory provisions have duly been complied with,

including the inventory proceedings. She would further

submit that considering the commercial quantity of ganja

and the gravity of the offence, the appellant is not entitled

for bail.

I have heard learned counsel for the parties and

perused the record of the case.

Considering the nature of allegation against the

present appellant as well as the quantity of the alleged

contraband involved in the present case and also in the

nature of evidence produced by the prosecution, I am not

inclined to release the appellant on bail.

Accordingly, the bail application filed by the

appellant (i.e. I.A. No. 1 of 2025) is dismissed.

List this case for final hearing after 10 weeks.

Sd/-

(Ravindra Kumar Agrawal) Judge

ved