1 2025:CGHC:18359 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3099 of 2025 Subhash Patel S/o Moti Ram Patel Aged About 42 Years R/o Loharsingh, P.S.- Jharbandh, District- Bargarh, Odisha. ... Applicant versus State of Chhattisgarh Through- P.S.- Mandir Hasaud, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.566/2024 (as per charge-sheet), registered at Police Station- Mandir Hasaud, District- Raipur (C.G.) for the offence punishable under Sections 20(B) and 29 of Narcotic Drugs and Psychotropic Substances Act. (for short ‘NDPS’). 3. The prosecution story in brief, is that, on on 10/08/2024 the police PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.24 18:24:45 +0530 2 authority on receiving secret information that the co-accused persons were in possession of Contraband ganja. After receiving the above information police authority seized the aforesaid ganja 50.300 kg from the from the car bearing registraton No. CG04 PB4532 in which the co-accused namely Ku. Kameshwari swami was sitting beside the contraband article and the said vehicle was driven by the co-accused namely Satish Agrawal. It is further alleged that on the basis of memorandum of the co-accused the present applicant was made accused Therefore the applicant has been arrested. There after the Police authority has registered a case against the applicant and other accused. 4. 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 has not played any active role in committing the said offence. He further submits that the contraband is not seized from the possession of the applicant and the arrest of the applicant is made only on the basis of the memorandum of the one of the co-accused. He also submits that the charge-sheet has been filed and the applicant is in jail since 15.08.2024 and the applicant has no criminal antecedents. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed. She further submits that quantity of 50.300 kg has been seized from the possession of the applicant and co-accused person, which is much more than the commercial quantity. Hence, his bail application is liable to be dismissed. 3 6. I have heard learned counsel for the parties and perused the material available on record. 7. Taking into consideration the fact that quantity of contraband article i.e. 50.300 kg, which is much more than the commercial quantity, and the applicant has failed to give any explanation for the same and it cannot be said to be a case of false implication, further it is an organized crime, accordingly, the bail application of applicant – Subhash Patel involved in Crime No.566/2024 (as per charge-sheet), registered at Police Station- Mandir Hasaud, District- Raipur (C.G.) for the offence punishable under Sections 20(B) and 29 of Narcotic Drugs and Psychotropic Substances Act. (for short ‘NDPS’, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd / Sd/- (Ramesh Sinha) Chief Justice Preeti