1 2025:CGHC:17491 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2898 of 2025 Mukesh Kumar Banjara S/o Umrav Banjara Aged About 39 Years R/o Ward No. 08, Van Nagar Veerpur, Police Station Sehore, District Sehore (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Komakhan, District Mahasamund Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Pawan Kesharwani, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No.96/2024, registered at Police Station Komakhan, District Mahasamund (C.G.) for the offence punishable under Sections 20(b) of the MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.04.21 16:50:16 +0530 2 Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act). 3. The prosecution story in brief, is that, on 12.07.2024, Sub- Inspector Man Singh of Police Station Komakhan, along with his staff, had gone on night patrolling towards villages Ghoyanabahar, Suvarmal, and Chandarpur. As they reached near village Suvarmal, they received information from an informant that one person was coming from Khariar Road, Odisha state, riding a blue-colored SP Shine motorcycle bearing registration number MP 41 ZE 8624, carrying illegal ganja in two large blue plastic drums for the purpose of sale. Acting on this information, a trap was set up at the Temri checkpoint. After some time, one person was seen coming from Khariar Road, Odisha, on a blue SP Shine motorcycle bearing registration number MP 41 ZE 8624, with two large blue plastic drums tied on either side of the motorcycle. Upon being stopped and questioned, he identified himself as Mukesh Banjara. On searching the drums, 22 packets of illegal narcotic substance ganja, packed in khaki-colored plastic wrappers, were found inside the two large blue drums. The total net weight of the seized ganja was 30.00 kilograms, valued at 4,50,000/-. The contraband was recovered from the exclusive ₹ possession of the accused and was duly seized and the case was registered. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this 3 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. Further, the applicant is languishing in jail since 12.07.2024, though the charge-sheet has been filed, conclusion of the trial is likely to take some time hence, he prays for grant of bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that from the possession of applicant an co-accused, total 30 kgs of ganja has been seized which is much 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. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Taking into consideration the nature and gravity of the offence and the fact that from the possession of applicant, 30 kgs of ganja has been seized which is much above the commercial quantity, as the commercial quantity of ganja is 20 kgs. 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. 8. Therefore, the bail application filed by the applicant/accused – Mukesh Kumar Banjara involved in Crime No.96/2024, registered at Police Station Komakhan, District Mahasamund 4 (C.G.) for the offence punishable under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act), is rejected at this stage. 9. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 10. 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