1 2025:CGHC:12335 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2022 of 2025 Manik Mali (Patel) S/o Late Parmanand Mali Aged About 29 Years R/o Village- Ukiyapali, Borgaon, Thana- Kosagumda, District- Navrangpur (Odisa) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station- Bodhghat, District- Bastar (C.G.) ... Respondent(s) For Applicant(s) : Ms. Anjali Pradhan, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/03/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 371/2024 registered at Police Station Bodhghat, District- Bastar (C.G.), for the offence punishable under Section 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 13.08.2024, as per secret information received from the informant, the Police of Police Station Bodhghat, District- Bastar (C.G.) found the applicant and another co-accused in possession of 22.662 Kgs of Ganja, thereafter, offence has been registered against the applicant and subsequently he has been arrested. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 23.10.2024. She would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. She would also submit that no seizure of any contraband article has been made from the applicant, further the conclusion of the trial may take quite long time. Accordingly, she prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He would further submit that the quantity of contraband article i.e. 22.662 Kgs of Ganja recovered from the joint possession of the applicant and co-accused, which is much above the commercial quantity, further bail application of one of the co-accused persons, namely, Shobha Harijan has already been rejected by this Court vide order dated 03.01.2025 in MCRC No.8335/2024 and the case of present 3 applicant is similar to that of the co-accused, as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that the article which has been seized from the joint possession of applicant and co- accused is much above the commercial quantity, further the applicant has failed to give explanation for the same, the bail application of one of the co-accused persons, namely, Shobha Harijan has already been rejected by this Court vide order dated 03.01.2025 in MCRC No.8335/2024 and the case of present applicant is identical to that of the co-accused, it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant-Manik Mali (Patel), involved in Crime No. 371/2024 registered at Police Station Bodhghat, District- Bastar (C.G.), for the offence punishable under Section 20(b) and 29 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. - Sd/- (Ramesh Sinha) Chief Justice Akhil