1 2025:CGHC:31725 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5290 of 2025 Vijay Lal Ghasia S/o Sitaram Ghasia Aged About 38 Years R/o Basna, Police Station And Distt.- Mahasamund, (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Office, Police Station Pithora, District- Mahasamund, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Palash Agrawal, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2025 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. 56/2024 registered at Police Station Pithora, District- Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2 2. Case of the prosecution, in brief, is that on 09.03.2024, Sub- Inspector Ravindra Dhruv of Pithora Police Station, along with his staff, was on patrol in the village. During that time, they received information from an informant that a white-colored car was transporting ganja (cannabis) from Odisha to Raipur. Based on this information, the police stopped a Verna car with registration number CG-04 HA 6707 near Kashibahara Road, NH-53. Upon questioning, the driver identified himself as Vijay Lal Ghasia. He admitted purchasing ganja from Odisha and transporting it to Raipur for sale. A search of the vehicle revealed 96 packets of ganja, each weighing approximately 1 kilogram, totaling 96 kilograms, with an estimated value of Rs. 7,68,000/-. The ganja was found in the car's trunk and was seized from the sole possession of the accused, Vijay Lal Ghasia. Thereafter, the accused was arrested, and a case was registered against him as aforementioned. 3. Learned counsel for the applicant submit that the applicant is innocent and has falsely been implicated in this case. He further submits that the applicant has not played any active role in commission of the alleged crime, further there is no evidence in the charge-sheet to show that the contraband article has been seized from the possession of the applicant. He also submits that the mandatory provisions of NDPS Act were not complied during search and seizure. He later submits that seizure witnesses have been examined and they have turned hostile, copies of which are annexed collectively as Annexure A/2. Further the conclusion of 3 the trial may take quite long time, therefore 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 charge-sheet has been filed in the present case before the competent Court. She would further submit that the quantity of contraband article i.e. 96 Kgs of Ganja recovered from the possession of the applicant is much above the 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. From perusal of the case diary, it transpires that the contraband article i.e. 96 Kgs of Ganja seized from the possession of the applicant is much above the commercial quantity, further the applicant himself admitted purchasing of said contraband article from Odisha and transporting it to Raipur for sale, it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant - Vijay Lal Ghasia, involved in Crime No. 56/2024 registered at Police Station Pithora, District- Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 4 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil