1 2025:CGHC:18128 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3043 of 2025 Bhojraj Patel S/o Shankar Patel Aged About 40 Years R/o Village- Loharsingh, Police Station- Jharband, District- Bargarh (Odisha) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Saraipali, District- Mahasamund (C.G.) ... Respondent For Applicant : Ms. Maya Chaturvijani, Advocate. For Respondent/State : Mrs. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 197/2024 registered at Police Station Saraipali, District Mahasamund (C.G.), for the offence punishable under Section 20(B) of N.D.P.S. Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.24 19:14:30 +0530 2 3. Case of the prosecution, in brief, is that on 16.07.2024, on the basis of the secret information given by the informant, the police of Police Station Saraipali seized 50.200 kilograms illegal contraband substance Ganja from the possession of the present applicant and co-accused which was transporting in Swift Desire car bearing registration No. CG-12 AP-0252. Thereafter, the police of Police Station Saraipali, District Mahasamund (C.G.) registered FIR bearing Crime No. 197/2024 for the offence punishable under Section 20(B) of NDPS Act against the present applicant and co-accused person. Charge sheet has been filed and the case is pending before the learned Special Judge (N.D.P.S. Act), Saraipali, District Mahasamund (C.G.) as Special Criminal Case No. 59/2024. 4. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 16/07/2024. She would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. She would submit that conclusion of the trial may take quite long time. Accordingly, she prays for enlarging the applicant on regular bail. 5. Learned counsel appearing for the State/respondent would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She would further submit that the quantity of contraband article 50.200 kg Ganja recovered from the possession of the applicant, which is above the commercial quantity and as such, the applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 7. From perusal of the case diary, it transpires that the contraband article Ganja which has been seized from the possession of the applicant is 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. 8. Accordingly, the bail application of the applicant Bhojraj Patel, involved in Crime No. 197/2024 registered at Police Station Saraipali, District Mahasamund (C.G.), for the offence punishable under Section 20(B) of N.D.P.S. Act, 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/-- Sd/- (Ramesh Sinha) Chief Justice gouri