1 2025:CGHC:32330 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4157 of 2025 Devkumar Suryavanshi S/o Saheb Lal Suryavanshi Aged About 46 Years R/o Village Matiyari Near Shiv Temple, P.S. Seepat, Distt- Bilaspur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Seepat, Distt- Bilaspur, Chhattisgarh. ... Non-applicant(s) For Applicant : Ms. Pratibha Sahu, Advocate For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/07/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 276/2025 registered at Police Station Seepat, District - Bilaspur (C.G.), for the offence punishable under Section 20(b) and 29 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 and on the basis of such information, KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Panchnama was prepared. For verification of the information, the accompanying staff reached the spot and cordoned off the area. During the search, narcotic substance ganja was found in packets wrapped in brown plastic tape under the staircase built next to the bathroom in Dev Kumar Suryavanshi's house. 05 pieces of packets wrapped in brown plastic tape recovered from accused/ Applicant on being weighed together with the packet were found to weigh 11.400 kg of narcotic substance ganja worth approximately Rs. 1,65,000/- and other 05 pieces of packets wrapped in brown plastic tape along with one mobile phone was recovered from other accused Balkrishna Sisodiya alias Arjun alias Bhuru on being weighed together with the packet were found to weigh 10.945 kg of narcotic substance ganja worth approximately Rs. 1,65,000/- which were sealed and seized as per seizure memo dated 15.05.2025 and taken into police possession. Thus, total of 22.345 kg of narcotic substance ganja packed in 10 brown colored packets and one mobile phone (from other co-accused Balkrishna Sisodiya) were seized from both the accused. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the present applicant and the other co-accused are neighbors and the co-accused without disclosing the fact that the packets contain prohibited drugs asked the applicant to keep those packets for some time and the other co- accused will take it later but before the co-accused could take the packets the Police came and not only seized those packets but also arrested the present 3 Applicant and further the whole substance was ordered and bought by the co-accused and the present applicant was not at all aware of this wrong until his house was searched and he was arrested for the alleged offence and he is in jail since 15.05.2025 and in the present case, charge-sheet has not filed and further submits that the applicant has no previous criminal antecedent and the conclusion of the trial is likely to take some time therefore, he prays for grant of 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 not filed in the present case before the competent Court. She further submits that the quantity of contraband article which is said to have been recovered from the joint possession of the accused persons i.e. 22.345 kgs of Ganja, is above the commercial quantity 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 and circumstances of the case, nature and gravity of offence levelled against the applicant and further the fact that the charge-sheet has not filed in the present case before the competent Court and the quantity of contraband article which is said to have been recovered from the joint possession of the accused persons i.e. 22.345 kgs of Ganja, is above the commercial quantity and the counsel for the applicant has failed to explain the same hence this Court is of the view that it is not a fit case to release the applicant on bail. 4 7. Accordingly, the bail application of the applicant – Devkumar Suryavanshi filed under Section 483 of the B.N.S.S., involved in Crime No. 276/2025 registered at Police Station-Seepat, District - Bilaspur (C.G.), for the offence punishable under Section 20(b) and 29 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 Kunal