1 2025:CGHC:17154 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2870 of 2025 Madhu Choudhary W/o Santosh Choudhary Aged About 35 Years R/o Village- Raipura District- Katni, (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through - The S.H.O. Of The Police Station - City Kotwali, District- Raigarh (C.G.) ---- Non-Applicant(s) For Applicant : Mr. Abhishek Saraf, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/04/2025 1. Proceedings of this case have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 18/2025 registered at Police Station – City Kotwali, District – Raigarh (C.G.), for the offence punishable under Section 20(B), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief is that on 09-01-2025 on the basis of secret information received from the informant, that in total 3 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Vehicles i.e. Grey color swift dezire car bearing registration No. C.G- 13-UC-5963, Creta and Tata Tigor Cars owned by main accused Mahendar Singh and along with Harjeet Singh and Kishan Singh were found on the spot i.e. near Chandmari Square, Circuit House Raigarh and there were total 111 KG Ganja found collectively in all three vehicles. While interrogation in the memorandum of main accused Mahendar Singh, name of applicant came and stated that, present applicant came and stayed at Raigarh lodge for purchasing Ganja, on the basis of such investigation the present applicant has been arrested on 11-01-2025 in offences punishable under section 20 (B) of the N.D.P.S. Act. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant had come to Chandrapur for Devi Darshan and was staying in the railway lodge situated at railway platform No. 01. As they needed a four wheeler to go there, they contacted the mobile number of the tour and travels for booking. As the said tour and travels were late in reaching, meanwhile, the police took action against the Ganja and considering the applicants to be outsiders, they were arrested from the railway lodge situated at railway platform no. 01. The applicant has been made accused on the basis of false memorandum of main accused Mahendar Singh. No contraband has been seized from her even she is not the owner of the said vehicles. He further submits that while interrogation in the memorandum of main accused Mahendar Singh name of applicant came and stated that, present applicant came and stayed at Raigarh lodge for 3 purchasing Ganja and no other evidence against the present applicant in the entire charge sheet. In this case, there are total 7 accused persons and the necessary compliances of the provisions provides in the act, which are mandatory in nature, are not complied with in the case. He also submits that the applicant has been made accused on the basis of false memorandum of main accused Mahendar Singh and no contraband has been seized from her even she is not the owner of the said vehicles Therefore it cannot be said that the seized contraband belongs to the applicant and the applicant has no any previous criminal antecedents except the present case and in the present case, charge-sheet has been filed before the competent Court and the applicant is in jail since 11.01.2025 and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 5. Learned counsel appearing for the State/non-applicant opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the quantity of contraband substance i.e. 111 Kgs of Ganja which is recovered from the possession of the co-accused, is much above the commercial quantity and on the basis of memorandum statement of the co- accused, the present applicant has been made accused however, there is no recovery made from the present applicant but it is an organized crime committed by the accused. Hence, the present applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 4 7. Considering the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the the present case, charge-sheet has been filed before the competent Court and the quantity of contraband substance i.e. 111 Kgs of Ganja which is recovered from the possession of the co- accused, is much above the commercial quantity and on the basis of memorandum statement of the co-accused, the present applicant has been made accused however, there is no recovery made from the present applicant but it appears to be an organized crime committed by the accused and on a pointed query being made as to what is the explanation of the contraband article which is said to have been recovered from the co-accused, he failed to explain the same and it cannot be a case of false implication, thus this Court is of the view that it is not a fit case to release the applicant on bail. 8. Accordingly, the bail application of the applicant – Madhu Choudhary filed under Section 483 of the BNSS, involved in Crime No. 18/2025 registered at Police Station – City Kotwali, District – Raigarh (C.G.), for the offence punishable under Section 20(B), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 Kunal