1 2025:CGHC:13076 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2161 of 2025 Tuleshwar Sahu S/o Ghasiram Sahu Aged About 25 Years R/o Village Parteva, Police Station Rajim, District Gariyaband, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Of Police Station Purani Basti, District Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Ashutosh Shukla, Advocate For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/03/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 406/2024 registered at Police Station Purani Basti, District - Raipur (C.G.), for the offence punishable under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1986. 2. Case of the prosecution, in brief is that on 30.09.2024 at around 17:50 PM, Police of Police Station Purani Basti got the information KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 through the informant that one Grey Color Eco Vehicle having Registration No CG-04 P.P 9834 in which four persons having huge quantity of Contraband travelling from Radha Swami Nagar near Anjali Dormitory in front of Prakash Medical under constructed building and were trying to go to Mandla Madhya Pradesh upon receiving the information police reached at the spot and conducted the raid and from joint possession found 40 KG Contraband Ganja from the accused persons against which for the commission of the alleged offence under section 20 (C) NDPS Act 1986 have been registered against the present applicant along with other accused. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant did not act in a manner as it is alleged by the prosecution and applicant was arrested only on the basis of Suspicion. He further submits that the prima facie case is not made out against the present applicant as there is no exclusive possession were found as well as contraband found were not weight-age in front of present applicant that to the utter surprise memorandum statement of the present applicants have not filed by the police in the charge-sheet filed under Section 173 of CRPC. He further submits that the police have seized the bag from the ECCO Vehicle not from the exclusive possession of the accused, whereas forcefully obtaining the signature in the seizure memo and other documents from the accused and a false case have been made by the police that it is on record that all the accused are young boy aged under 25 years of age and the present applicant is in jail since 3 30.09.2024 and in the present case, charge-sheet has filed before the competent Court and the conclusion of the trial may take quite long time. Accordingly, he 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 further submits that the quantity of contraband article which is said to have been recovered from the joint possession of the accused persons i.e. 40 kgs of Ganja, is above the commercial quantity and further the fact that the bail applications of the co-accused namely Santosh Sahu and Neeraj Tamrakar have already been rejected by this Court being MCRC No. 1806/2025 and MCRC No. 867/2025 vide order dated 06.03.2025 and 31.01.2025 respectively 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. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and further the fact that the charge-sheet has been filed in the present case before the competent Court and the quantity of contraband article which is said to have been recovered from the joint possession of the accused persons i.e. 40 kgs of Ganja, is above the commercial quantity and the counsel for the applicant has failed to explain the same and further the fact that the bail applications of the co-accused namely Santosh Sahu and Neeraj Tamrakar have already been rejected by 4 this Court being MCRC No. 1806/2025 and MCRC No. 867/2025 vide order dated 06.03.2025 and 31.01.2025 respectively, hence this Court is of the view that it is not a fit case to release the applicant on bail. 7. Accordingly, the bail application of the applicant – Tuleshwar Sahu filed under Section 483 of the B.N.S.S., involved in Crime No. 406/2024 registered at Police Station Purani Basti, District - Raipur (C.G.), for the offence punishable under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1986, 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 Kunal