1 2025:CGHC:23450 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4241 of 2025 Anurag Khatik S/o Sita Ram Khatik Aged About 23 Years R/o Tikrapara Near Mama Bhancha Talab Bilaspur, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer P.S. Sariya, District – Sarangarh-Bilaigarh (C.G.) ---- Non-applicant For Applicant : Mr. Shailendra Dubey, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.06.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No.101/2024, registered at Police Station – Sariya, District – Sarangarh-Bilaigarh (C.G.) for the offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 NDPS Act. 2. The prosecution story in brief, is that the Police of Police Station – Sariya, District – Sarangarh-Bilaigarh (C.G.) has received a secret information through the informant and on the basis of the said information, the Police authority has seized a total of 250 Kgs of Ganja from the possession of the co-accused persons, and the name of the applicant has come into light in the memorandum statement of the co-accused. Thereafter, the applicant was arrested and the case was registered by the Police. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that no any seizure of contraband article has been seized from the memorandum statement of the co-accused person. It is further submitted that there is no evidence to show that the applicant has conspired in the present case, whereas, in the memorandum statement of the co-accused it is mentioned that the applicant was to transfer the money to the co-accused persons for the purchase of the said contraband article. It is further submitted that the independent witnesses have turned hostile in the present case before the trial Court, and out of 19 witnesses, only the statement of 2 witnesses have been recorded. The applicant is in jail since 27.06.2024. The conclusion of the trial is likely to take some time, therefore, he prays for grant 3 of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that a huge quantity of contraband article i.e. a total of 250 Kgs of Ganja has been seized from the possession of the co-accused persons, which is above the commercial quantity, and in the memorandum statement of the co-accused person it is mentioned that the applicant was to transfer the money to the co-accused person for purchase of the said contraband article, and it appears to be an organized crime. It is further submitted that the charge-sheet has been filed in this case. Hence, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. From bare perusal of the records and bail rejection order of the trial Court, it transpires that on 27.06.2024, the Police of Police Station Sariya received information from an informant that the driver of a white coloured SML Mazda vehicle bearing registration No. CG-07-BR-9667 is coming from Odisha towards Bhathli Chhattisgarh with illegal narcotic substance Ganja, on the basis of the said information, the Police along with the staffs, went to the said place and cordoned off the place. After some time, the aforesaid vehicle was seen coming from Odisha towards Bhathli, Chhattisgarh, when the driver was surrounded and asked about his name and address, he told his name as Udaynarayan 4 Kachhwaha, on searching the said vehicle in his possession, Ganja was found hidden under empty crates and cabbage in the rear compartment of the vehicle. 36 packets each in 6 bags and 34 packets in one bag of green colour, totaling 250 packets of Ganja was seized wrapped with a tape. During the course of investigation, co-accused Udaynarayan Kachwaha has told that he had made a plan to buy Ganja from Odisha and sell it in Jabalpur, Madhya Pradesh, along with Golu Bhoi and Anurag Khatik alias Mannu (applicant) and other accused persons. Call details and location of the mobile phones of the accused persons have also been presented in this case. The call details available in the case show that the accused persons were in contact with each other before the incident and the applicant/accused was directly involved in the commission of the crime. 7. Taking into consideration the fact that a huge quantity of contraband article i.e. a total of 250 Kgs of Ganja has been seized from the possession of the co-accused persons, which is above the commercial quantity, and in the memorandum statement of the co-accused persons it is mentioned that the applicant was to transfer the money to the co-accused person for purchase of the said contraband article, and it appears to be an organized crime, the charge-sheet has been filed in this case, the trial is in progress and the statements of two prosecution witnesses have been recorded, hence, the bail application of applicant – Anurag Khatik involved in Crime No.101/2024, registered at Police 5 Station – Sariya, District – Sarangarh-Bilaigarh (C.G.) for the offences punishable under Section 20(B) of the NDPS Act, is rejected at this stage. 8. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar