1 2025:CGHC:31410 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5247 of 2025 Mohammad Danish S/o Jalil Ahmed Aged About 30 Years R/o House No. 622, Street No. 6/5 Old Mustafabad, Gokulpur North East Delhi Permanent Address- Village Parohi, Police Station Beheri District Baroli (U.P.) ... Applicant versus State Of Chhattisgarh Through Police Station Pithora, District- Mahasamund Chhattisgarh ... Respondent For Applicant : Shri Ghanshyam Kashyap, Advocate. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/07/2025 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.89/2019 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.16 17:40:16 +0530 2 Pithora, District Mahasamund Chhattisgarh for the offence punishable under Section 20 (b) of NDPS Act, 1985. 2. Case of the prosecution, in brief, is that on 28th May 2019, police of Police Station Pithora received information from an informer that a driver of Vehicle white SKODA car (DL1 CM 0940) was transporting Cannabis (Ganja) from Odisha;-Sarapali to Pithora. A blockade was set up on NH-53 near Tappa Chowk. As the car approached, the driver fled, abandoning the vehicle near Mudhipar Chowk out of fear of being caught. Police searched the car in the presence of witnesses Pramod Kumar and Rajkumar Upadhyay. Inside the car, they discovered 15 packets of Cannabis (Ganja), 1 quintal 50 Kilograms wrapped in brown tape. The material was suspected to be illegal, and electronic weighing scales were used to verify the total weight. Each packet was packed in white plastic bags and wrapped in brown cello tape. The packets of Cannabis (Ganja) were mixed and after mixing they were filed in 5 white plastic bags marked as 1,2,3 4, 5 and weighted separately each bag contained 30 kgs of Ganja, total weight was 1 quintal 50 kgs worth around Rs. 7,50000/-(Seven Lakh Fifty Thousand) and two samples of 100 grams each were taken out from bag No.01 and put on the plastic box A-1 and A-2 was seized on the spot. The Panchnama was prepared, and the offence registered under The Narcotic Drugs And Psychotropic Substances Act 1958, Section 20(b). The case was registered as Crime No. 89/2019 at Police Station Pithora against the unknown 3 driver of Vehicle white Skoda car registration No. (DL 1 CM 0940). The applicant was arrested on 26.05.2025 by Police Station- Pithora, District:-Mahasamund Chhattisgarh for the alleged offence punishable under Sections 20 (b) of The Narcotic Drugs And Psychotropic Substances Act 1958. 3. Learned counsel for the applicant submitted that though the case was registered against the unknown person on 28/05/2019 and the police had visited Delhi and had recorded the statement on 26/03/2021 and thereafter arrested the applicant in the present case on 26/05/2025 and it is stated that the contraband article which was said to have been recovered from the Skoda car, 1.5 quintal of ganja, the applicant has no connection with the said recovery. It is further submitted that during the course of investigation, it has been alleged that after investigation from the person who was the owner of the car, it was transpired that the said car from which the ganja was recovered ultimately was purchased by the applicant. He states that present case is nothing is only a concoction for implicating the applicant in the present case. He would submit that the applicant is in jail since 26/05/2025, 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 case was registered on 28/05/2019 and notice was issued under Section 91 by the Investigating officer to the applicant for interrogation on 4 27/03/2021. He would submit that as per the statement of Sunil Kumar he sold the said car to applicant on 25.03.2019. He would further submit that delivery receipt filed along with the bail application shows that the Car was delivered to present applicant on 25/03/2019 which goes to show that on the date of incident on 28/05/2019, Skoda car from which 1.5 quintal of ganja was recovered was in the name of the applicant which is more than commercial quantity. Hence the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, also considering the fact that as per the statement of Sunil Kumar he sold the said Skoda car to the applicant on 25/03/2019 and further the delivery receipt filed along with the bail application shows that the Car was delivered to present applicant on 25/03/2019 which goes to show that on the date of incident on 28/05/2019, the said Skoda car from which 1.5 quintal of ganja was recovered was in the name of the applicant and also considering the fact that the contraband article ganja i.e. 1.5 quintal which was recovered is more than 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 applicant Mohammad Danish 5 involved in Crime No.89/2019 registered at Police Station Pithora, District Mahasamund Chhattisgarh for the offence punishable under Section 20 (b) of NDPS 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/- (Ramesh Sinha) CHIEF JUSTICE gouri