1 2025:CGHC:30190 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5160 of 2025 • Shailesh Kumar S/o Lalman Prasad Harijan Aged About 24 Years R/o Village Feusi, Bakhira Khas, Police Station Bakhira, District Sant Kabir Nagar, U.P. (Detail Of The Applicant Has Not Mentioned In Annexure A-1) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, Durg, District Durg (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ravipal Maheshwari, Advocate For Respondent : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/07/2025 1. This is 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.624/2024 registered at Police Station- City Kotwali, District – Durg (C.G.), for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. as per prosecution story in brief is that the police has given secrete information by the informant that two unknown persons were kept illegal contraband ganja to sale at near District Hospital Durg and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 police has seized 14.088 kg. contraband ganja from possession of the other accused person and seized 14.112 kg. contraband ganja from possession of present applicant at open place and thereafter prepared the seizure memo and arrested the applicant on 05.12.2024 for alleged offence publishable under section 20-B of the N.D.P.S. Act against the accused person 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 05.12.2024. He would further submits that the contraband article is not seized exclusive possession of the applicant and the place of seizure is not exclusive occupied by the applicant not they are owner. The conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the quantity of contraband article i.e. 14.112 kg of contraband (Ganja) recovered from the possession of the applicant, which is much above the commercial quantity, he is resident of the State of Uttar Pradesh and bail application filed by the co-accused in MCRC No. 501 of 2025, has already been rejected, 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. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is i.e. 14.112 kg of contraband (Ganja) which is much above the commercial quantity and applicant is resident of the State of Uttar Pradesh, it cannot be a case of false implication, the trial is in progress. 3 7. Accordingly, the bail application of the applicant – Shailesh Kumar filed under Section 439 of the Cr.P.C., involved in Crime No.624/2024 registered at Police Station- City Kotwali, District – Durg (C.G.), for the offence punishable under Section 20(B) of Narcotic Drugs and 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 and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali