1 2025:CGHC:18601 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3127 of 2025 Vinay Kumar Patel S/o Chandrapal Patel Aged About 21 Years R/o Village Gatna Police Station And Tehsil Ajaygarh District Panna (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Incharge, Police Station Baloda District Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Arun Kukreja, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/04/2025 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. 26/2024 registered at Police Station, Baloda District Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on March 21, 2024, in view of the Lok Sabha elections, Inspector Umesh Verma and his team AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 from Police Station Baloda were conducting a checking operation at the Sirpur Naka checkpoint near the Odisha border. During the operation, they stopped and checked a white Mahindra TUV300 vehicle without a number plate, driven by Anil Yadav and Vinay Kumar Patel as a passenger. Both individuals gave evasive answers during questioning, raising suspicion. A search of the vehicle revealed 26 kilograms of illegal narcotic substance (Ganja) hidden in a compartment below the rear seat. The substance was weighed, sealed, and a panchnama was prepared at the scene. Both accused individuals were arrested, and an offense was registered against them under Section 20(b) of the NDPS Act. Hence, the bail application. 3. Learned counsel for the applicants would submit that the applicant has been falsely implicated in this case and he is in jail since 21.03.2024. 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 accepted a ride in a four-wheeled vehicle (Mahindra TUV300) from a stranger. When they encountered a police checkpoint, the driver suddenly stopped the vehicle and fled. The police, instead of pursuing the driver, apprehended the applicant and his co-worker, who were left in the vehicle, further the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicants 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. She 3 would further submit that the quantity of contraband article i.e. 26 Kg of Ganaja recovered from the joint possession of applicant and co-accused, which is much above the commercial quantity and 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 the article which has been seized from the joint possession of the applicant and co- accused is much 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-Vinay Kumar Patel, involved in Crime No. 26/2024 registered at Police Station, Baloda District Mahasamund (C.G.), for the offence punishable under Section 20(B) 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. - Sd/- (Ramesh Sinha) Chief Justice Akhil