1 2025:CGHC:22300 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 769 of 2025 1 - Sunita Chaudhary W/o Satyendra Chauthary Aged About 30 Years R/o 57, Road Number-08, Gandhi Nagar, Zone-03, Sector-11, Khursipar Bhilai, Tahsil And District Durg Chhattisgarh 2 - Ayush Chaudhary S/o Ravi Chaudhary Aged About 22 Years R/o 57, Road Number-08, Gandhi Nagar, Zone-03, Sector-11, Khursipar Bhilai, Tahsil And District Durg Chhattisgarh 3 - Krishna Devi W/o Ravi Chaudhary Aged About 46 Years R/o 57, Road Number-08, Gandhi Nagar, Zone-03, Sector-11, Khursipar Bhilai, Tahsil And District Durg Chhattisgarh ... Applicants versus State Of Chhattisgarh Through District Magistrate Durg, Chhattisgarh Out Post Anjora, P.S. Pulgaon, District Durg Chhattisgarh ... Respondent For Applicants : Mr. Rajesh Jain and Ms. Kiran Jain, Advocate For Respondent : Mr. Nitansh Jaiswal, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.05.2025 1. The applicants have preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending their arrest in connection with Crime No. 117/2025, registered at Police Station: Out Post- Anjora, Pulgaon, District : Durg (C.G.) for alleged commission of offence punishable under Section 20 (B), 20 (C) and 27 (A) of NDPS Act. HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.05.23 11:30:07 +0530 2 2. According to the prosecution's story, on 11.04.2025, the Investigating Officer received information that Krishna Devi Chaudhari was selling ganja from her house in Dwarika Nagar, Mahmra, with the help of her daughter Sunita, her son Ayush, and Sunita’s friend Gopi Kumar. Acting on this tip, the officer reached the location with staff and witnesses. Accused Gopi Kumar was found at the house, and a search of the bedroom led to the recovery of five bags of different colours from a shelf, containing 35.98 kg of ganja, which was seized. In his memorandum statement, Gopi Kumar stated that he met Sunita through social media, and that Krishna Devi is her mother and Ayush her brother. He admitted that they brought ganja from Odisha, stored it in the house, and sold it using an Activa scooter belonging to Krishna Devi. He had been staying at the house pretending to be close to Sunita. Gopi Kumar was arrested on the spot along with the recovered contraband. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He submits that the present applicants have been arrayed as accused in the present case without any evidence against them and there is no seizure of any narcotic substance from the applicants. He also submits neither the applicants are habitual offenders nor they have remained in jail in connection with any other offence, therefore, he prays for grant of anticipatory bail to the applicants. He further submits that in fact the seizure of contraband was made from the room of co-accused Gopi Kumar who was residing in their house as a tenant, and since as it has not come on record that the contraband was seized from the exclusive 3 possession of the accused-applicants, their application for anticipatory bail may be allowed. 4. On the other hand learned State counsel opposes the application for grant of anticipatory bail to the applicants. 5. Having heard learned counsel for the parties and perused the record and particularly keeping in mind the fact that the learned counsel for the applicants was not able to produce the rent agreement showing co- accused Gopi Kumar to be their tenant and rather he submits that they being poor and rustic villager do not understand import of such rent agreement, this Court is not convinced with the submissions made by him for grant of bail. Recently the Supreme Court in the matter of Anarul SK v. The State of West Bengal {SLP (Crl.) No(s). 12621/2024 has observed that the grant of anticipatory bail in cases involving Narcotic Drugs and Psychotropic Substances (NDPS) is a very serious issue. 6. In the light of observation made by the Supreme Court in Anarul SK (supra), I do not find any good ground to entertain this anticipatory bail application. Accordingly, the present anticipatory bail application is dismissed. Sd/- Sd/- (Ramesh Sinha) Chief Justice H.Ansari