1 2025:CGHC:20285 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3411 of 2025 Kshemanidhi Sahu S/o Lalsai Sahu Aged About 44 Years R/o Village - Charbhata, Police Station - Singhoda, District - Mahasamund (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House OfÏcer, Police Station - Dongaripali, District Sarangarh-Bilaigarh (C.G.) .... Non-applicant(s) For Applicant : Mr. Raghvendra Pradhan, Advocate For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/05/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 70/2024 registered at Police Station Dongaripali, District - Sarangarh-Bilaigarh (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that on 20-12-2024, Assistant Sub Inspector received secret information from one informer that one person travelling in Innova Crista bearing Registration Number CG-06/GV-8111 carrying some illicit Ganja, upon which the police started checking the vehicles and the driver of the said vehicle, when he saw the police checking the vehicles absconded from the place and the police found 151.500 KG contraband Ganja in the said vehicle and during the investigation the co-accused persons Suryakant Nag got arrested and on the basis of memorandum statement of Suryakant Nag, he stated that he had purchased the said Ganja from one Sandeep Lodhi and he had made online transfer of Rs.5000/- to the account of present applicant for piloting his vehicle. On the basis of only memorandum statement of the co- accused, the present applicant made accused in this case. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant has neither committed nor participated in any such act, which may amount to any of the offences, mentioned above, besides the above, the evidence collected by the prosecution are also not prima facie sufÏcient to hold the applicant guilty of the aforesaid offences. He further submits that the contraband Ganja was not seized from the exclusive possession of the present applicant and the applicant has only implicated as an accused only on the basis of memorandum statement, whereby it has been stated in the memorandum statement that the applicant is piloting the vehicle of the other accused persons, for which 3 Rs.5000/- has been transferred to the account of applicant, but there is no seizure of any account either of applicant regarding transfer of any account of applicant and even the information was sought from the Bank regarding the transfer, no such evidence was found regarding the transfer of Rs.5000/- in account of applicant, even the memorandum story is also false and when the question of piloting the other vehicle of other co- accused is concerned as alleged in the memorandum statement, there is no seizure from the applicant in totality there is no seizure of any kind on the basis of memorandum statement of co-accused. The applicant has been falsely implicated as because the applicant is a political person and the wife of applicant is Janpad Member of Janpad Panchayat Saraipali and therefore the applicant has been falsely implicate being the husband of member of Janpad Panpad member, the party of which is presently in the opposition party and so far as the memorandum statement of concerned, there is no recovery from the present applicant from the memorandum statement of co-accused and except the memorandum statement there is nothing on record of any proof against the present applicant and the applicant is in jail since 26.12.2024 and tin the present case, charge-sheet has been filed before the competent Court further the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 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. He 4 further submits that the quantity of contraband article which was recovered from the possession of the co-accused, is much above the commercial quantity and after taking memorandum statement of the co-accused, that one accused namely Suryakant Nag has been made accused and got arrested and after taking his memorandum statement, he stated that he had purchased the said Ganja from one Sandeep Lodhi and he had made online transfer of Rs. 5000/- to the account of present applicant for piloting that vehicle, prima facie evidence is levelled against the present applicant and further it is an organized crime, as such, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that the charge-sheet has been filed in the present case before the competent Court and the quantity of contraband article which was recovered from the possession of the co-accused, is much above the commercial quantity and after taking memorandum statement of the co-accused, that one accused namely Suryakant Nag has been made accused and got arrested and after taking his memorandum statement, he stated that he had purchased the said Ganja from one Sandeep Lodhi and he had made online transfer of Rs. 5000/- to the account of present applicant for piloting that vehicle, prima facie evidence is levelled against the present applicant and further it is an 5 organized crime committed together thus, this Court is of the view that the present applicant is not entitled for grant of bail. 7. Accordingly, the bail application of the applicant – Kshemanidhi Sahu filed under Section 483 of the B.N.S.S., involved in Crime No. 70/2024 registered at Police Station Dongaripali, District - Sarangarh-Bilaigarh (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 Kunal