1 2025:CGHC:14872 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1662 of 2025 1 - Ajit Kumar S/o Krishna Shah Aged About 22 Years R/o Chatur Baghaan, Thana - Yadopur, Babuvishunpur, Distt. Gopalganj Bihar 2 - Dipak Kumar Singh S/o Pradeep Singh Aged About 20 Years R/o Chatur Baghaan, Thana - Yadopur, Babuvishunpur, Distt. Gopalganj Bihar 3 - Bigan Ansari S/o Bhola Miyan Aged About 24 Years R/o Chatur Baghaan, Thana - Yadopur, Babuvishunpur, Distt. Gopalganj Bihar ... Applicants versus State Of Chhattisgarh Through, S.H.O., Police Station - Chhawani, Distt. Durg Chhattisgarh ---- Non-Applicant For Applicants : Mr. Sanjay Pathak, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/03/2025 1. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicants who have been arrested in connection with Crime No. 310/2024 registered at Police Station – Chhawani, District – Durg (C.G.), for the offence punishable under KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that on 10.07.2024 Varun Devta Sub Inspector of police station - Chhawani, Distt. Durg (C.G.) received secret information from the informant that three person have kept illicit contraband article Ganja in their bags who going to Power House Bhilai to Raipur, so on the basis of the secret information, the police party reached at the place of incident i.e. Near Honda Showroom Service Road and barricading the accused persons and search the applicants and seized 16.900 kg Ganja from the possession of the Ajit Kumar, 12 kg Ganja from the Dipak Singh and 12 kg Ganja from the Bigan Ansari thereafter, the police has registered the FIR in crime No. 310/2024 for the offence under Section 20 (C) of NDPS Act against the present applicants and arrested them in the alleged commission of offence and after investigation the charge sheet has been filed before the concerned trial Court. 3. Learned counsel for the applicants submit that the applicants have been falsely implicated in this case. He further submits that the alleged commission of offence and the prosecution agency has not seized any article from the exclusive possession of the applicant and further the applicants have no any previous criminal antecedent. He further submits that the prosecution agency has not followed the mandatory provision of NDPS Act, which relates to search and seizure and the applicants are in jail since 10.07.2024 and the conclusion of the trial is likely to take some time therefore, 3 he prays for grant of bail to the applicants. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the quantity of contraband substance which is said to have been recovered from the joint possession of the accused total 40.900 Kgs of Ganja, ( i.e. 16.900 kg Ganja from the possession of the Ajit Kumar, 12 kg Ganja from the Dipak Singh and 12 kg Ganja from the Bigan Ansari), which is much above the commercial quantity and further it is an organized crime committed by the accused persons, looking to the seriousness of this case, the present applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence levelled against the applicants and the fact that in the present case, charge-sheet has been filed before the competent Court and the quantity of contraband substance which is said to have been recovered from the joint possession of the applicants total 40.900 Kgs of Ganja, (i.e. 16.900 kg Ganja from the possession of the Ajit Kumar, 12 kg Ganja from the Dipak Singh and 12 kg Ganja from the Bigan Ansari), which is much above the commercial quantity and further it is an organized crime committed by the applicants and on a pointed query being made as to what is the explanation of the contraband article which is said to have been recovered from the applicants, he failed to explain the same and it 4 cannot be a case of false implication, thus this Court is of the view that it is not a fit case to release the applicants on bail. 7. Accordingly, the bail application of the applicants – Ajit Kumar, Dipak Kumar Singh and Bigan Ansari filed under Section 483 of the BNSS, involved in Crime No. 310/2024 registered at Police Station – Chhawani, District – Durg (C.G.), for the offence punishable under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal