1 2025:CGHC:14947 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2013 of 2025 Manish Choudhari S/o Govind Choudhari Aged About 28 Years R/o Village Badikhairi, Thana And Tahsil Mandla, District Mandla, Madhya Pradesh ... Applicant versus State of Chhattisgarh Through P.S. Komakhan, District Mahasamund Chhattisgarh ... Non-Applicant For Applicant : Ms. Kiran Jain, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.138/2024, registered at Police Station: Komakhan, District Mahasamund (C.G.) for the offences punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution story, is that on 26.10.2024 Investigation PREETI KUMARI Digitally signed by PREETI KUMARI 2 Officer on round in Dehat when he reached Bus-stand Komakhan, he received information from informer, that 3 persons were traveling in VERN Car bearing registration No. O.R.17 G0211 having Ganja and coming from Odisha, and one persons piloting to car by driving Scooty. Investigation officer seized 3 Bori containing Ganja. Each bori containing 15 Kg of contraband and total quantity of contraband is 45 kg seized from the joint possession of the applicant and other accused. 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 applicant was passenger and he have no knowledge about the transportation of Ganja and vehicle was under control of the vehicle, namely, Akash and he went for moving to Bhuneshwar for tourism and he is not aware about transportation of contraband through vehicle, further the charge-sheet has not been filed. The applicant is in jail since 26.10.2024. The conclusion of the trial is likely to take some time, 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 the quantity of 45 kg contraband (ganja) has been seized from the possession of the applicant and other co- accused persons, which is much more than the commercial quantity, the charge-sheet has not been submitted. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that quantity of contraband article i.e. 45 kg contraband (ganja), which is much more than the commercial 3 quantity and further the charge-sheet has not been submitted and the trial is in progress, the bail application of applicant – Manish Choudhari involved in Crime No.138/2024, registered at Police Station: Komakhan, District Mahasamund (C.G.) for the offences punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial 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 Preeti