1 2025:CGHC:22404 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3901 of 2025 1 - R.P.N. Nishad S/o Shri Ramnarayan Nishad Aged About 24 Years (Wrongly Mentioned As R.P. Nishad) R/o Jangal Nawgawa, P.S. Vishnupura, Distt. - Kushinagar (Uttar Pradesh) ...Applicant versus 1 - State Of Chhattisgarh Through Police Station Of Bhatapara-City, District Balodabazar-Bhatapara Chhattisgarh ... Non-applicant For Applicant : Mr. Adil Minhaj, Advocate. For Non-applicant/State : Mr. Ankur Kashyap, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.05.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 69/2025 registered at Police Station Bhatapara, District Balodabazaar-Bhatapara (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that Police of Police Station Bhatapara, District Balodabazar-Bhatapara (C.G.) has received secret information from the informant that two unknown persons carrying illicit Digitally signed by AMIT PATEL 2 contraband article ganja with them for the purpose of selling it in open market, the informant also informed that two persons have arrived here by Sarnath Express Train and one of the person was carrying a trolly bag and another was carry a shoulder bag and were looking for a buyer. On the basis of said information, the police intercepted both of them and seized 12.300 KG from co-accused Anand Nishad and seized 13.440 Kgs from another co-accused Dasrath Nishad, a total of 25.740 Kgs of contraband article ganja. During the interrogation statement of them were recorded, wherein it was disclosed that the present applicant has hired them to procure and sell the illicit contraband article ganja for which they were supposed to received Rs. 8,000/-. Thereafter, the Police has registered the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and 25.740 Kgs of contraband article ganja were recovered from the joint possession of other co-accused persons and not recovered from the possession of the present applicant alone and after the interrogation, statement of co-accused namely Anand Nishad was recorded, in which he has stated that the applicant hired them to procure and sell the illicit contraband article ganja by alluring them that he will pay hefty amount and later seizure of the same were recovered from the joint possession of the accused and another co- accused. He also submits that the present applicant has no criminal antecedents and he further submits that the applicant is in jail since 26.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular 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 filed in the present 3 case before the competent Court. He further submits that the quantity of contraband article i.e. 25.740 kgms (Ganja) has been recovered from the possession of other co-accused persons, which are much above the commercial quantity and during the interrogation statements of them were recorded, wherein it was disclosed that the present applicant has hired them to procure and sell the illicit contraband article ganja, as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the fact that the charge-sheet has been filed before the competent Court and after having gone through the material available on record and statement of the co-accused persons, it appears that the present case to be an authorized fact for illegal smuggling of the contraband article ganja, as such this Court is of the opinion that it is not a fit case to enlarge the present applicant on regular bail. Accordingly, the bail application of the applicant – R.P.N. Nishad, involved in Crime No. 69/2025 registered at Police Station Bhatapara, District Balodabazar- Bhatapara (C.G.), for the offence punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice AMIT PATEL