1 2025:CGHC:21696 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3662 of 2025 Gopal Bhoy S/o Shamil Bhoy Aged About 33 Years R/o Village Jaargaon (Dyadera) Thana Rengali Post Kankatura District- Jharsuguda, Odisha ... Applicant versus State Of Chhattisgarh Through Police Station City Kotwali Raigarh District - Raigarh (C.G.) ... Respondent For Applicant : Shri Sanjay Agrawal, Advocate. For Respondent/State : Shri Malay Jain, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/05/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 18/2025 registered at Police Station City Kotwali, District- Raigarh (C.G.) for the offence punishable under Sections 20 (B) and 29 of Narcotic Drugs & Psychotropic Substance Act, 1985 (as per charge sheet). GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.13 11:07:42 +0530 2 2. Case of the prosecution, in brief, is that on 09/01/2024 the police authority on receiving secret information received from the informant, that in total 4 vehicles i.e. Grey color swift desire car bearing registration no. C.G 13 AJ 5963, creta (C.G 12 BC 9751), tigor (C.G 13 AJ 8958) and creta (O.D 13 E 4047) cars owned by main accused Mahendra Singh along with Harjeet Singh and Kishan Kashyap were found on the spot i.e. Chandmari Square, Circuit House Raigarh and the rented house of the co-accused in Bande Ali Fatima Nagar House No. HIG-44 where the police found and seized a total of 111 kg of Ganja. It is further alleged that on the basis of memorandum of the co- accused the present applicant was made accused. Therefore the applicant has been arrested. There after the Police authority has registered a case against the applicant and other accused. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. He would submit that the applicant has not played any active role in committing the said offence, even he has no knowledge about the Ganja which was seized from the other accused person. He would further submit that the contraband is not seized from the possession of applicant and the arrest of the applicant is made only on the basis of the memorandum of one of the co- accused. He would submit that no provisions of the NDPS Act has been followed by the prosecution agency as the present applicant name has been taken by the other co-accused in his memorandum, and only on the basis of CDR report prepared by the prosecution agency the present applicant has been implicated in the present case whereas the applicant cannot be held liable if his name or identity has been revealed in the CDR report. He would submit that there is no 3 relation between the co-accused and the applicant but the prosecution agency has projected the story as the co-accused has purchased the contraband ganja from the present applicant at Odhisa and thereafter they used to sell the contraband to different person, there is no single piece of evidence in the entire final report which has been prepared by the prosecution agency which shows that the applicant has sold the contraband ganja to the co-accused person. He would submit that charge sheet has been filed, applicant is in jail since 09/01/2025 and trial is likely to take some time for its conclusion, therefore, he prays for releasing the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the quantity of contraband substance i.e. 111 Kgs of Ganja which is recovered from the possession of the co-accused, is much above the commercial quantity and on the basis of memorandum statement of the co-accused, the present applicant has been made accused however, there is no recovery made from the present applicant but it is an organized crime committed by the accused. He would further submit that bail application of co-accused Madhu Choudhary has been rejected by this Court vide MCRC No.2870/2025 on 15/04/2025. Hence, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the 4 the present case, charge-sheet has been filed before the competent Court and the quantity of contraband substance i.e. 111 Kgs of Ganja which is recovered from the possession of the co-accused, is much above the commercial quantity and on the basis of memorandum statement of the co-accused, the present applicant has been made accused however, there is no recovery made from the present applicant but it appears to be an organized crime committed by the accused and also considering the fact that bail application of co- accused Madhu Choudhary has been rejected by this Court vide MCRC No.2870/2025 on 15/04/2025, thus this Court is of the view that it is not a fit case to release the applicant on bail. 7. Accordingly, the bail application of the applicant-Gopal Bhoy, involved in Crime No.18/2025 registered at Police Station City Kotwali, District- Raigarh (C.G.) for the offence punishable under Sections 20 (B) and 29 of Narcotic Drugs & Psychotropic Substance Act, 1985 (as per charge sheet), 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 forthwith. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri