1 2025:CGHC:22452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4145 of 2025 • Kuber Mahanand @ Raja S/o Subash Mahanand Aged About 28 Years R/o Sriram Jamkhuta, P.S. Sindekala, Distt. Balangir Odisha ... Applicant versus • State Of Chhattisgarh Through S.H.O. P.S. Devendra Nagar, Distt. Raipur Chhattisgarh ... Non-Applicant For Applicant : Mr. B.L. Dembra, Advocate. For Non-Applicant : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/05/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 304/2024 registered at Police Station Devendra Nagar, Distt. Raipur (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station Devendra Nagar, Distt. Raipur (C.G.) seized 50.100 Kgs of Ganja from the SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.05.29 17:59:39 +0530 2 possession of applicant, thereafter, aforesaid offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 14.09.2024. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that the bail applications of two of the co-accused persons, namely, Umakant Mahanand and Devid Nanda have already been rejected by this Court vide orders dated 17.04.2025 and 28.04.2025 in MCRC Nos. 2254/2025 and 2915/2025, respectively and the case of present applicant is identical to that of the co-accused persons, the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 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 would further submit that the quantity of contraband article i.e. 50.100 Kgs of Ganja recovered from the possession of the applicant, which is much above the commercial quantity, therefore, 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. 3 6. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is much above the commercial quantity and the applicant has failed to provide explanation regarding the same, further the bail applications of two of the identically situated co-accused persons, namely, Umakant Mahanand and Devid Nanda have already been rejected by this Court vide orders dated 17.04.2025 and 28.04.2025 in MCRC Nos.2254/2025 and 2915/2025, respectively and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant-Kuber Mahanand @ Raja, involved in Crime No. 304/2024 registered at Police Station Devendra Nagar, Distt. Raipur (C.G.), for the offence punishable under Section 20(b)(ii)(C) 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. Office 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 $iddhant