1 2025:CGHC:6594 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 211 of 2025 Shafiq Khan S/o Kudrat Khan Aged About 38 Years R/o Sindhiban, Near Ekminar Masjid, Taj Baag, Nagpur (M.H.) ... Applicant(s) versus State Of Chhattisgarh Through The Police Station- Narayanpur, District- Narayanpur (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Anand Nagorao Shinde, Advocate appeared through video conferencing. For Non-Applicant(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 66/2024, registered at Police Station Narayanpur, District- Narayanpur (CG) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that Sachin Narbade Koremare alongwith others involves in offense under the NDPS Act of 1985. Specifically, on June 30, 2024, between 18:50 and 19:45 hours, they allegedly transported approximately 460.410 kilograms of ganja (cannabis) in a commercial quantity using a vehicle with the pickup number MH-40-CM-7351. This incident occurred at Narayanpur, on the Antagarh main road, right in front of the Police Station Narayanpur, in the district of Narayanpur, Chhattisgarh. The vehicle was rented from Om Prakash Bawne. 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 only on the basis of statement of vehicle owner Mr. Omprakash Bawne, however, the fact is that the applicant has taken the alleged vehicles on rent from the vehicle owner and has handed the said vehicles to the main accused Sachin Narbade karemore, who was caught along with other co-accused person while transporting the alleged contraband article. He would further submit that the applicant is person with disability and constantly getting ill, copy of disability certificate is annexed as Annexure A-2. He would also submit that there is a significant delay in arresting the applicant, which occurred four months after the alleged incident on June 30, 2024 as the applicant was arrested on 02.10.2024, further the applicant has no criminal 3 antecedent in the State of Chhattisgarh as well as in the State of Maharashtra. Accordingly, he prays for enlarging the applicant on regular bail. 4. On the other hand, 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 and the quantity of contraband article i.e. 460.410 kilograms of ganja (cannabis) recovered from the possession of co- accused, Sachin Narbade karemore is also much above the commercial quantity and the vehicle in which the said contraband article were being carried was given to co-accused on rent by the present applicant after taking it on rent from the original owner and it is an organized crime, 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. From perusal of the case diary, it transpires that though the contraband article seized in the alleged offence is much above the commercial quantity which was recovered from the possession of the co-accused, Sachin Narbade karemore and the said vehicle on which the said contraband article were being carried was given to him on rent by the present applicant after taking it on rent from the original owner, but considering the fact that it is an organized crime and the trial is in progress, I do not find any good ground to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant-Shafiq Khan, involved in Crime No. 66/2024, registered 4 at Police Station Narayanpur, District- Narayanpur (CG) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. 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 Akhil