1 NAFR HIGH COURT of CHHATTISGARH, BILASPUR MCRC No. 4445 of 2025 Mentula Vinay S/o. Mentul Lakshminarayan Aged About 18 Years R/o. Indira Colony, Motu, P.S. Motu, Dist. Malkangiri (Orissa) ... Applicant Versus State of Chhattisgarh Through Police Station - Konta, Distt. Korba (C.G.) ... Respondent(s) (Cause Title taken from Case Information System) For Applicant : Ms. Anju Ahuja, Advocate. For Respondent : Mr. Nitansh Jaiswal, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2025 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 applicants who have been arrested in connection with Crime No. 34/24 registered at Police Station Konta, Distt.- Sukma (C.G.), for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.18 18:28:34 +0530 2 2. The prosecution's case, in brief, is that on 02.11.2024, the police at Konta Police Station, Sukma District, Chhattisgarh, received secret information that the present applicant was traveling to Telangana. Acting on this tip, the police intercepted an auto, and 16.680 kilograms of ganja were seized from the applicant. Subsequently, an offence was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. She further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicant intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 Kgs and from the possession of the applicant only 16.680 Kgs Ganja has been seized. She further submits that seizure witnesses have turned hostile and that the applicant has no criminal antecedents and he is in jail since 09.11.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, 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 and submits that the applicant has no criminal antecedent. She further submits that from the possession of the applicant, contraband article 3 i.e. 16.680 Kgs of Ganja has been seized, therefore, he is not entitled for grant of 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 though the contraband article, which has been recovered from the possession of the applicant i.e. 16.680 Kgs of Ganja is less than the commercial quantity and the applicant has no criminal antecedents, but the applicant has failed to give explanation for the said recovery, further it cannot be a case of false implication. 7. Accordingly, the bail application of the applicants - Mentula Vinay, involved in Crime No. 34/24 registered at Police Station Konta, Distt.- Sukma (C.G.), for the offence punishable under Section 20(b)(ii)(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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/-Sd/-Sd Sd/-- (Ramesh Sinha) Chief Justice Vaibhav