1 2025:CGHC:1246 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 78 of 2025 Sumitra Khunte S/o Shankarlal Khunte Aged About 28 Years R/o Godboradi P.S. Kharsia District Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Thana In-Charge, Jutmil, District Raigarh (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Rajendra Tripathi, Advocate. For Non-Applicant(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/01/2025 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. 381/2024 registered at Police Station Jutmil, District Raigarh (C.G.), for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.09 16:57:56 +0530 2 Section 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 28.08.2024, the Police of Police Station Jutmil, District Raigarh (C.G.) received secret information from the informant that some persons are transporting contraband articles, on the basis of said information the Police have seized 175 Kgs of contraband articles i.e. Ganja from the possession of accused persons, out of which, 35 Kgs of Ganja seized from the possession of present applicant, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 28.08.2024. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that the applicant is poor lady and her entire life will be ruined, further 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 would further submit that the quantity of contraband article i.e. 35 Kgs Ganja recovered from the possession of the applicant, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 3 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 i.e. 175 Kgs of Ganja from the possession of the accused persons is much above the commercial quantity, out of which, 35 Kgs of Ganja has been recovered from the possession of present applicant, which is also above the commercial quantity, further the applicant has failed to give explanation for the same and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant-Sumitra Khunte, involved in Crime No. 381/2024 registered at Police Station Jutmil, District Raigarh (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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice Akhil