1 2025:CGHC:33427 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4433 of 2025 Rajesh Mishra @ Pandit S/o. Balmukund Mishra Aged About 37 Years R/o. Sonpur Raj, Janmura, Sonpur Shubharanpur, Police Station - Sonpur, Mayubhanj, Birmaharajpur (Odisha) ... Applicant versus State Of Chhattisgarh Through Police Station - Nagarnar, District - Bastar (C.G.) ... Respondent For Applicant : Shri H.S. Ahluwalia, Advocate. For Respondent/State : Shri Soumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/07/2025 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.117/2025 registered at Police Station Nagarnar, District - Bastar (C.G.) for the offence punishable under Section 20(b) (ii) (C) of Narcotic Drugs & Psychotropic Substances Act, 1985. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.21 16:52:19 +0530 2 2. Case of the prosecution, in brief, is that on 15.05.2025, on the basis of secret information the police stopped and check the truck bearing the registration no. RJ-11-CG-9297 in which the police has seized 30.130 kg ganja from the possession of the co- accused/driver of the truck named as Pawan Puri Goswami and same was arrested from the spot. Further on the basis of memorandum statement of the co-accused/driver the present applicant has been made accused and FIR was registered against 3 accused person including the present applicant bearing Crime No. 117/2025 dated 15/05/2025 of Police Station Nagarnar, District Bastar (C.G.) under Section 20(b)(ii)(c) of the NDPS Act. 3. Learned counsel for the applicant submitted that no recovery of contraband article has been made from the possession of the applicant and only on the memorandum statement of the co- accused that some calls were made from the applicant to the mobile of the co-accused and only on the basis of which he has been arrested. He would submit that the applicant is in jail since 16/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. Learned State counsel on the other hand opposes the prayer for grant of bail and submitted that the conversation which has taken place between the applicant and co-accused on the mobile goes to show that it is an organized crime and the contraband article i.e. 30.130 kg ganja which was recovered from the possession of 3 the co-accused is above the commercial quantity and 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 facts and circumstances of the case, considering the fact that the conversation which has taken place between the applicant and co-accused on the mobile goes to show that it is an organized crime and the contraband article i.e. 30.130 kg ganja which was recovered from the possession of the co-accused is above the commercial quantity, 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 the applicant Rajesh Mishra @ Pandit, involved in Crime No.117/2025 registered at Police Station Nagarnar, District - Bastar (C.G.) for the offence punishable under Section 20(b) (ii) (C) of Narcotic Drugs & Psychotropic Substances Act, 1985, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/-- Sd/- (Ramesh Sinha) Chief Justice gouri