1 2025:CGHC:30586 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5192 of 2025 Anil Soni S/o Late Vijay Soni Aged About 37 Years R/o Ward No. 5, Opposite To Noor Masjid, P.S. Supela, Bhilai, District Durg C.G. ... Applicant versus State Of Chhattisgarh Through P.S. Ghumka District Rajnandgaon C.G. ... Respondent For Applicant : Smt. Kiran Jain, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/07/2025 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.152/2024 registered at Police Station Ghumka, District Rajnandgaon, (C.G.) for the offence punishable GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.07 11:38:36 +0530 2 under Section 20(B)(II) (C) & 29 of Narcotic Drugs and psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 24-10-2024 on the basis of information of informer, investigation officer seized 65.565 kg of Ganja, which was kept in 64 packets from the vehicle Tata DI 207 bearing registration No. C.G.04 JB 1697 from possession of Accused Bedabar Patro and Dhanraj Patel. During investigation Memorandum of the Bedabar Patro and Dhanraj Patel was recorded in which he stated that Anil Soni had brought Ganja and given to him for delivery to Akash Yadav at Jabalpur. 3. Learned counsel for the applicant submits that entire allegation leveled against the applicant is false and frivolous and applicant is not responsible for committing a crime and he has been falsely implicated in the aforesaid offence only on the statement of accused Bedabar Patro and Dhanraj Patel and there is no recovery of contraband article has been made from the applicant. She would submit that according to memorandum statement of accused Bedabar Patro and Dhanraj Patel accused who provided contraband belongs to the Odisha, but present applicant belongs to district Durg. She would submit that not a single prosecution witnesses have identified the applicant as he was driving vehicle at the time of incident. She would submit that applicant is in jail since 25-10-2024 and conclusion of the trial may take quite long time. Accordingly, she prays for enlarging the applicant on regular bail. 3 4. Learned counsel appearing for the State/respondent would oppose the bail application. He would submit that applicant has seven criminal antecedents under the IPC and Excise Act. He would further submit that the name of the applicant has come into light in the memorandum statement of the co-accused in which he stated that present applicant had given memo that the contraband article ganja to be delivered to Aakash Yadav and Babloo Sharma at Jabalpur (MP) and the contraband article which was recovered from the said co-accused is above commercial quantity, therefore 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 name of the applicant has come into light in the memorandum statement of the co-accused in which he stated that present applicant had given memo that the contraband article ganja to be delivered to Aakash Yadav and Babloo Sharma at Jabalpur (MP) and the contraband article which was recovered from the said co-accused is above the commercial quantity, considering the fact that the applicant has seven criminal antecedents and also considering the fact that it is a organized crime, in which the present applicant is also involved, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 4 7. Accordingly, the bail application of the applicant Anil Soni, involved in Crime No.152/2024 registered at Police Station Ghumka, District Rajnandgaon, (C.G.) for the offence punishable under Section 20(B)(II) (C) & 29 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. - Sd/-- Sd/- (Ramesh Sinha) Chief Justice gouri