State Of Chhattisgarh vs Rohit Yadav
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Chattisgarh High Court

State Of Chhattisgarh vs Rohit Yadav on 13 January, 2025

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       HIGH COURT OF CHHATTISGARH AT BILASPUR

                         CRMP No. 1107 of 2016

  State Of Chhattisgarh Through The District Magistrate, District
    Jashpur
                                 versus
 1. Rohit Yadav, S/o Bheemsen Yadav, aged about 30 years, village
    Jamjhor, Outpost Kotba, Police Station Bagbahar, District Jaspur
    (C.G.)
 2. Sukhsagar, Das, S/o Chandrashekhar Das, aged about 31 years,
    Ranpur, Police Station narayanpur, District Jashpur (C.G.)
 3. Pinky nayak, S/o Lakhan nayak, aged about 35 years, Police
    Station Talcher, District Angul (Orrisa).
                                 Order Sheet




13/01/2025         Mr.   Akhilesh   Kumar,      Govt.   Advocate   for   the
             State/appellant.
                   Mr. Raj Bahadur Singh, counsel for respondent Nos.

1 and 3.

Heard on I.A.No.01/2025, for direction to the Jail Authority of Central Jail, Ambikapur, District Surguja for releasing respondent No.1 - Rohit Yadav.

The instant CRMP has been filed by the State/appellant against the judgment of acquittal dated 10.09.2015 passed by the learned Special Judge (N.D.P.S. Act), Jashpur, in Special Criminal Case No. 01/2014, whereby and whereunder the respondent Nos. 2 and 3 have been acquitted from the charge under Section 20 (B)

(ii)(b) of the NDPS Act and respondent No.1 has been acquitted from Section 20 (B)(II)(b) of NDPS Act and Sections 3/181, 146/196 and 39/192 of Motor Vehicle Act.

Learned counsel for respondent Nos.1 and 3 submits that vide order dated 24.09.2024, bailable warrant was directed to be issued against respondents, however, when the matter was listed on 07.11.2024, it was informed by the State counsel that the respondent No.1 is languishing in jail in connection with another case, and therefore, production warrant was issued against respondent No.1. In compliance of the production warrant, the respondent No.1 was produced before this Court on 19.12.2024 and after marking his presence, he was sent back to concerned jail.

Learned counsel also submits that the respondent No.1 who was languishing in jail in connection with another case, has been acquitted by the learned Special Judge (NDPS Act), Ambikapur, District Surguja (C.G.) in Special Criminal Case (NDPS Act) No. 10/2024, vide judgment dated 10.01.2025, however, despite acquittal in this case, the jail authorities are not releasing the respondent No.1 for want of order of this Court in the instant CRMP.

Learned Govt. Advocate for the State does not dispute the aforesaid fact.

Having heard learned counsel for the parties and having considered the submission made by learned counsel for respondent No.1, I.A.No.01/2025 is allowed.

It is directed that the respondent No.1-Rohit Yadav, who has been acquitted under the judgment impugned, be released forthwith, if not required in any other case.

Registry is directed to prepare a memo accordingly and send to the concerned jail for releasing the respondent No.1 by post as well as by e-mail.

List this case for final hearing next week.

Sd/-

(Rajani Dubey) Judge pekde