1 2025:CGHC:23569 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4399 of 2025 Bikram Patra S/o Ishwar Patra Aged About 45 Years R/o Village- Birikota, Police Station- Adava, District- Gajpati (Odisha) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station - Ratanpur, District- Bilaspur Chhattisgarh ... Non-Applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.06.2025 1. This is the second bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 585/2024 registered at Police Station Ratanpur, District - Bilaspur (C.G.), for the offence punishable under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act. 2. The earlier bail application of the applicant being MCRC No. 2519 of 2025 was rejected by this Court vide order dated 01.04.2025 on merits. 3. The prosecution's case, in brief, is that on 13.09.2024, the police at ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.14 12:08:40 +0530 2 Ratanpur Police Station received secret information about the transportation of ganja in a Suzuki Swift Desire car with registration No. HR-51-AM-8554, allegedly carrying ganja from Bilaspur to Pendra. Acting on this information, the police intercepted the car at Village Lalpur near Bengali Resort and recovered 101.700 kilograms of ganja from the trunk. The driver, Rajesh Sharma, was apprehended and, based on his statement, other accused persons were arrested. Co-accused Nilanchan Behra's statement implicated the present applicant, alleging that they had jointly loaded the ganja into Rajesh Sharma's car. Nilanchan Behra claimed to have received Rs. 34,000/- for loading the ganja, while the present applicant allegedly received Rs. 2,000/-. Following the investigation, which included arrests, seizure of articles, and recording of witness statements, a charge sheet was filed. The case is currently pending before the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, Bilaspur, as Special Session Case (NDPS) No. 14/2025, and is at the stage of prosecution witness evidence. 4. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits. He submits that the First Information Report (FIR) indicates co-accused Rajesh Sharma was found in possession of the psychotropic substance ganja, and other co-accused persons were involved in its illicit transportation. They were arrested based on their memorandum statements and recoveries. However, the present applicant has been implicated solely based on co-accused Nilanchan Behra's statement, alleging the applicant received Rs. 2,000/- for loading articles into the car. He also submits that even if the applicant's role is taken at face value, he was 3 neither involved in transporting ganja nor committed any offense under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The police filed the charge sheet (Final Report No. 81/2025) on 11.03.2025. Notably, the final report does not mention any allegations against the applicant, indicating false implication. He also submits that as per the charge sheet, nothing was seized from the applicant. Section 20(b) of the NDPS Act specifies penalties for cannabis-related offences, but the allegation against the applicant is merely loading articles into the vehicle. He further submits that the applicant is in jail since 26.09.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of contraband article i.e. total 101.700 kilograms of the psychotropic substance Ganja was seized from the possession of the co-accused Rajesh Sharma, and based on his memorandum statement, other co-accused persons, including the present applicant were implicated. However, the applicant actively participated in the crime and involved in carrying the said contraband article, which is much above the commercial quantity, his involvement in this organized crime is evident, therefore, the applicant is not entitled for grant of regular bail in the present case. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. From perusal of the pleadings, it appears that earlier bail of the applicant was rejected on the ground that the quantity of contraband article i.e. total 101.700 kilograms of the psychotropic substance Ganja was seized from the possession of the co-accused Rajesh 4 Sharma, and based on his memorandum statement, other co-accused persons, including the present applicant were implicated, however, the applicant actively participated in the crime and involved in carrying the said contraband article, which is much above the commercial quantity, his involvement in this organized crime is evident, therefore, looking the quantity of the contraband article, I do not find any good ground for grant of bail, therefore, this second bail application of the present applicant is rejected. 8. Accordingly, the second bail application of the applicant – Bikram Patra, filed under Section 483 of the BNSS involved in Crime No. 585/2024 registered at Police Station Ratanpur, District - Bilaspur (C.G.), for the offence punishable under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 Abhishek