1 2025:CGHC:27401 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4803 of 2025 Sailendra Dubey S/o Rajendra Dubey Aged About 47 Years R/o Nai Sadak, Near Gubbara Phatak, Janakhganj Police Station, District Gwalior (M.P.) ... Applicant versus State Of Chhattisgarh Through Police Station Incharge, P.S. Chilpi District- Kabirdham (C.G.) ... Respondent For Applicant : Shri Himanshu Pandey, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/06/2025 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.41/2024 registered at Police Station Chilpi District-Kabirdham (C.G) for the offence punishable under Sections 20 (B) ii (B) of NDPS Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.30 14:35:55 +0530 2 2. Case of the prosecution, in brief, is that on October 26, 2024, credible information was received from an informant stating that two individuals were illegally transporting the narcotic substance cannabis (Ganja) in a white Swift car bearing registration number MP 07 CK 0182, travelling from Raipur to Jabalpur via Kawardha-Chilpi, which is accompanied by a vehicle, bearing registration number MP 07 ZP 2654, driven by one individual. As per the informant's description, a black-blue car (Reg. No. MP 07 ZP 2654) with one occupant, followed by a white Swift car (Reg. No. MP 07 CK 0182) with two occupants, was observed approaching from Kawardha. When signalled to stop, the driver of the car accelerated toward Dhuripani. Constables were immediately gone in the Scorpio vehicle to pursue it. The Swift car was intercepted, and in the presence of witnesses, the occupants were questioned. The driver identified himself as Pramod Jatav, son of Mehrban Singh, aged 35 years, resident of Dabra, District Gwalior, Madhya Pradesh, and the co-passenger as Shailendra Dubey, son of Rajendra Dubey, aged 47 years, resident of Nai Sadak, near Gubbara Phatak, Janakganj Police Station, District Gwalior, Madhya Pradesh. Regarding the car, they disclosed that its driver was Raghavendra Shrivastava, son of Maithilisharan Shrivastava, aged 34 years. resident of Niwari, District Datia, Madhya Pradesh. From Pramod Jatav, a sky-blue Samsung Android mobile phone was recovered from a pink bag. In the Swift car, a white plastic sack on the middle seat contained a khaki-coloured tape-wrapped packet resembling cannabis. Upon testing a small quantity, the suspects confirmed it as cannabis (Ganja). Notices under Section 67 of the NDPS Act were served, and as the suspects failed to provide any legal documentation for possessing or transporting the 3 narcotic, the substance was seized. 3. Learned counsel for the applicant submitted that the contraband article which is said to have been recovered was from a vehicle and not from the exclusive possession of the applicant. He would submit that the charge sheet has been filed, he is in jail since 26/10/2024 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submitted that the car from which the contraband article was seized the applicant alongwith the co-accused were sitting in the same car and the bail application of the co-accused person Raghvendra Shrivastava has been rejected by this Court in MCRC No.3253/2025 on 28/04/2025. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that the car from which the contraband article was seized the applicant alongwith the co-accused were sitting in the same car and the bail application of the co-accused person Raghvendra Shrivastava has been rejected by this Court in MCRC No.3253/2025 on 28/04/2025 therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Sailendra Dubey involved in Crime No.41/2024 registered at Police Station Chilpi District-Kabirdham (C.G) for the offence punishable under Sections 20 4 (B) ii (B) of NDPS Act., is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri