Chhattisgarh High Court Denies Bail in Narcotics Case

Court Emphasizes Speedy Trial in Ganja Possession Exceeding Commercial Quantity

In a significant decision, the Chhattisgarh High Court has denied the second bail application of Hariom Pal, accused in a narcotics case involving the possession of 33.7 kilograms of ganja, a quantity exceeding commercial limits. Presiding over the matter, Chief Justice Ramesh Sinha emphasized the need for a speedy trial and directed lower courts to expedite proceedings by avoiding unnecessary adjournments.

The case stems from a raid conducted by the police in Devbhog, District Gariyaband, following a tip-off, which led to the discovery of the contraband substance from the joint possession of Hariom Pal and other co-accused individuals. The accused was charged under Section 20-B(II)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, a provision dealing with the illegal possession of narcotic substances beyond permissible limits.

The High Court had previously rejected Pal's first bail application, citing the substantial quantity of the seized ganja and the absence of a satisfactory explanation for its possession. Despite claims of innocence and assertions of being falsely implicated, the court found no merit in the arguments presented by Pal's counsel, Mr. Ravikar Patel.

During the hearing, Mr. Patel argued that out of 14 prosecution witnesses, only three had been examined, all of whom had turned hostile, suggesting potential issues with the prosecution's case. He highlighted the applicant’s clean criminal record and the prolonged duration of his incarceration since November 2024, advocating for his release on regular bail.

Opposing the bail plea, the state's panel lawyer, Ms. Ankita Shukla, maintained that the seized ganja far exceeded the commercial quantity threshold, undermining any claims of false implication. She underscored that the charges were substantiated by the filed charge-sheet, warranting continued custody of the accused.

Acknowledging the applicant’s prolonged detention, the court issued directives to the trial court to schedule frequent and successive hearings for the recording of evidence, ensuring the trial's expeditious conclusion. The Chhattisgarh High Court further instructed the Director General of Police to facilitate the presence of all remaining witnesses to prevent delays.

The judgment reflects the judiciary's commitment to uphold the constitutional mandate of a speedy trial, underscoring the fundamental rights of individuals, particularly those in custody. In addressing systemic delays, the court has urged trial courts to minimize postponements and prioritize cases involving detained accused.

In a broader directive, the Registrar General of the Chhattisgarh High Court has been tasked with disseminating this order to all Principal and District Judges across the state, alongside the Director General of Police, to reinforce compliance with these instructions.

The decision serves as a reminder of the judiciary’s role in balancing legal processes with the rights of individuals, particularly in cases entailing severe allegations under the Narcotic Drugs and Psychotropic Substances Act.

Bottom Line:

Bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for offence under Section 20-B(II)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 - Rejection of bail due to recovery of contraband exceeding commercial quantity and lack of satisfactory explanation for possession - Directions for expeditious trial and avoiding unnecessary adjournments.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985 Section 20-B(II)(C), Constitution of India, 1950 Article 21

Hariom Pal v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc Id # 2805223