1 2025:CGHC:13413 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2217 of 2025 Golu Bhoy @ Jitu S/o Krishna Bhoy Aged About 27 Years R/o Chingrapara Lingiyadih Umariya Chowk, Bilaspur, Police Station- Sarkanda, District Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House Officer Police Station Sariya, District – Sarangarh-Bilaigarh, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Shailendra Dubey, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No.101/2024, registered at Police Station – Sariya, District – Sarangarh-Bilaigarh (C.G.) for the offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. The prosecution story in brief, is that the Police of Police Station – Sariya, District – Sarangarh-Bilaigarh (C.G.) has received a secret information through the informant and on the basis of the said information, the Police authority has seized a total of 250 Kgs of Ganja from the possession of the co-accused person, and the applicant’s name has come into light from the memorandum statement of the co-accused person. Thereafter, the applicant was arrested and the case was registered by the Police. 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. It is further submitted that the name of the applicant has come into light in the confessional statement of the co-accused namely Uday Narayan from whom the contraband article was recovered on 27.06.2024, and it is stated that the statement of the said co-accused, the participation of the 5 accused persons including the applicant has come into light, and it is stated by the said persons, the conversation is made between the applicant and the co-accused persons with respect to the illegal trading of the contraband article. It is submitted that the mandatory provisions of Section 57 of the NDPS Act has been complied, but there is no such report of the memorandum given by the main accused. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 07.09.2024. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 3 4. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 250 Kgs of Ganja from the possession of the co-accused person which is more than the commercial quantity, and the applicant’s name has come into light from the memorandum statement of the co-accused person. It is further submitted that the charge-sheet has been filed in this case. Hence, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that there appears to be no such ground raised in the present application, the quantity of contraband article seized from the possession of the co-accused person i.e. 250 Kgs of Ganja, which is more than the commercial quantity, and the name of the applicant has come into light in the confessional statement of the co-accused namely Uday Narayan from whom the contraband article was recovered on 27.06.2024, and in the statement of the said co-accused, the participation of 5 accused persons including the applicant has come into light, and it is stated by the said persons, the conversation is made between the applicant and the co-accused persons with respect to the illegal trading of the contraband article and the applicant is failed to give any explanation for the same and it could not be a case of false implication, the charge-sheet has been filed in this case, hence, the bail application of applicant – Golu Bhoy @ Jitu 4 involved in Crime No.101/2024, registered at Police Station – Sariya, District – Sarangarh-Bilaigarh (C.G.) for the offences punishable under Section 20(B) of the NDPS Act, is rejected at this stage. 7. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 8. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar