1 2025:CGHC:13067 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2182 of 2025 Govind Ray S/o Mukund Ray Aged About 52 Years R/o M.V. 59, P.S. Podiya District Malkhangiri, Odisha ... Applicant(s) versus State Of Chhattisgarh Through P.S. Konta, District South Bastar Dantewada, (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rajesh Jain, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No.10/2024, registered at Police Station Konta, District South Bastar Dantewada, (C.G.) for the offence punishable under Sections 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act). MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.03.19 18:43:37 +0530 2 2. The prosecution story in brief, is that, on 01.06.2024 near police party reached for M.C.P. on police check post Konta at CG-AP Border, during checking of vehicle one Motorcycle Honda Unicorn came fast driving, same was stopped by police. On being search 20 Packet of Ganja measuring 20 Kg. 200 gm recovered from the Trolley bag kept in Motorcycle. 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. He further submits that the police has not seized psychotropic substances from the exclusive possession of the applicant. The alleged contraband article has not been recovered from exclusive possession of the applicant. He further argued that the prosecution story is false and the actual incident is that on a check post, the police stopped the present applicant and he had some hot talk from the police for not having necessary documents relating to his motorcycle, due to which, the police picked up the packets of ganja from a jeep, which was also stopped by the police in the check post and the police out of anger, kept 20 packets of contraband article in the motorbike of applicant in order to falsely implicate him. Lastly, the applicant is languishing in jail since 01.06.2024 and the conclusion of the trial may take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the 3 bail application and submits that from the possession of applicant, total 20 kg 200 gms of ganja has been seized which is above the commercial quantity, as the commercial quantity of ganja is 20 kgs, hence, the bail application of the applicant 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 nature and gravity of the offence and the fact that from the possession of applicant, 2 kgs 200 gms of ganja has been seized which is above the commercial quantity, as the commercial quantity of ganja is 20 kgs and further the explanation rendered by the counsel for the applicant is totally baseless and vague, in such a situation, considering the nature and quantity of the seized narcotic substance, it would not be justified to grant bail to the applicant/accused. 7. Therefore, the bail application filed by the applicant/accused – Govind Ray involved in Crime No.10/2024, registered at Police Station Konta, District South Bastar Dantewada, (C.G.) for the offence punishable under Sections 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act), is rejected at this stage. 4 8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Manpreet