1 2025:CGHC:12349 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2033 of 2025 Rajpal Mahto S/o Late Suresh Mahto Aged About 24 Years R/o Chaturbaghaha, Post Babbishunpur, Police Station- Yadavpur, Distt. Gopalganj (Bihar) ... Applicant(s) versus State Of Chhattisgarh Through S.H.O., Police Station- Supela, Distt. Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sanjay Pathak, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No.409/2024, registered at Police Station Supela, Distt. Durg (C.G.) for the offence punishable under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act). 2. The prosecution story in brief, is that, on 06.04.2024 Pramod Kumar Sinha Sub Inspector of police station Supela, Distt. Durg (C.G.) received secret information that one person has kept the MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.03.12 16:56:28 +0530 2 illicit article Ganja standing at Nehru Nagar Chow for selling it and he was waiting for the bus, so on the basis of the secret information the police party has made raid proceeding and searched the applicant and seized 41.850 kg Ganja from the possession of the applicant, so the police has registered the FIR in crime no. 409/2024 against the present applicant for the alleged offence U/s 20 (B) of NDPS Act and after investigation the charge sheet has been filed before the concerned trial court 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the police has not seized psychotropic substances from the exclusive possession of the applicant. The alleged contraband article has not been recovered from exclusive possession of the applicant. Further, the applicant is a 24 year old young boy and is languishing in jail since 06.04.2024, though the charge-sheet has been filed, but it may take some time to conclude the trial, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that from the possession of applicant, total 41.850 kgs of ganja has been seized which is much above the commercial quantity, as the commercial quantity of ganja is 20 kgs, hence, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the 3 material available on record. 6. Taking into consideration the nature and gravity of the offence and the fact that from the joint possession of applicant, 41.850 kgs of ganja has been seized which is much above the commercial quantity, as the commercial quantity of ganja is 20 kgs. In such a situation, considering the nature and quantity of the seized narcotic substance, it would not be justified to grant bail to the applicant/accused. 7. Therefore, the bail application filed by the applicant/accused – Rajpal Mahto involved in Crime No.409/2024, registered at Police Station Supela, Distt. Durg (C.G.) for the offence punishable under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act), is rejected at this stage. 8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Manpreet