1 2025:CGHC:22019 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3803 of 2025 1. Sandeep Singh S/o Harjinder Singh Aged About 27 Years R/o Village, Raipur Bet. P.O. Panjeta P.S. Koom Kalan, District - Ludhiana City (Punjab) ... Applicant (in jail) versus 1. State of Chhattisgarh Through P.S. Tapkara, District Jashpur (CG) ... Non-applicant For Applicant : Mr. Sanjay K Yadav, Advocate For Non-applicant : Mr. Vinay Pandey, Addl. Advocate General SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.5.2025 1. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth ‘the BNSS’) for grant of regular bail to the applicant, who is in custody in connection with Crime No.106/2024 registered at Police Station Tapkara, District Jashpur (CG) for the offence under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. NISHA DUBEY Digitally signed by NISHA DUBEY 2 2. Case of the prosecution, in brief, is that police received a secret information regarding transportation of contraband substance in a car, after which completing the necessary formalities, they proceeded at the place of incident. The police stopped the car bearing registration number PB13/AQ/1759 and upon search, the police found 26 kilo 300 gram cannabis (ganja) from the joint possession of accused persons including present applicant. Police seized the contraband & car and arrested the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He submits that applicant was merely a driver in said vehicle and not having any knowledge about the contraband which was transported in the vehicle. No contraband has been seized from exclusive possession of the applicant. Material witnesses have been examined before trial Court and they have not supported the case of prosecution. He submits that total 26 kilo 300 gram contraband was seized from five accused persons and if the same is divided between the accused persons, it will come under the definition of non- commercial quantity. Applicant is the only earning member in the family, his mother is suffering from serious heart aliment and other age old diseases. Charge sheet has already been filed, conclusion of trial is likely to take time. Applicant is in jail 3 since 10.10.2024 and he has not criminal past. In the aforesaid pretext, it is prayed that applicant may be released on bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that 26 kilo 300 gram of contraband, ganja, has been seized from possession of applicant, which is much more than the commercial quantity. Hence, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the offence, quantity of contraband article i.e. 26 kilo 300 gram of ganja has been seized from the applicant, which is much above the commercial quantity, this Court is not inclined to grant regular bail to the applicant. Accordingly, bail application of applicant Sandeep Singh, involved in Crime No.106/2024, under Section 20(B) of the NDPS Act, at police station Tapkara, District Jashpur (CG), is rejected. Sd/- (Ramesh Sinha) Chief Justice Nisha