1 2025:CGHC:2297 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 328 of 2025 Manish Verma S/o Kamta Prasad Dheemar Aged About 26 Years R/o Tikuri Tola Budhar, Ward No. 15 Thana And Tahsil Budhar District Sheddol M.P. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Dabhra, District Janjgir Champa Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Suresh Tandan, Advocate. For Non-Applicant(s) : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/01/2025 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. 248/2024 registered at Police Station Dabhra, District Janjgir Champa (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 27.06.2024, the Police of Police Station Dabhra, District Janjgir Champa (C.G.) received AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.15 10:46:59 +0530 2 secret information from the informant that some contraband article i.e. Ganja was transporting through KIA car bearing registration No.CG-13-F-6113 going from Hasod to Dabhra and on the basis of said information, the Police have seized 2 quintal 1 Kgs of Ganja from the said car and during investigation co-accused, namely, Anil Kumar has been arrested and on the basis of memorandum statement of co-accused, the present applicant has been arrested. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 07.08.2024. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that only on the basis of memorandum statement of the co-accused, namely, Anil Kumar, the present applicant has been made an accused and 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 charge-sheet has been filed in the present case before the competent Court. He would further submit that the quantity of contraband article i.e. 2 quintal 1 Kgs of Ganja recovered from the possession of the co-accused, namely, Anil Kumar, which is much above the commercial quantity and the said co-accused in his memorandum statement stated that he was traveling with the present applicant in the same car, from 3 which contraband article i.e. 2 quintal 1 Kgs of Ganja has been seized, 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 contraband article which has been seized from the possession of the co- accused, namely, Anil Kumar is much above the commercial quantity and the said co-accused in his memorandum statement stated that he was traveling with the present applicant in the same car, from which contraband article i.e. 2 quintal 1 Kgs of Ganja has been seized, further it is an organized crime and applicant has failed to give explanation for the same, it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant-Manish Verma, involved in Crime No. 248/2024 registered at Police Station Dabhra, District Janjgir Champa (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. 9. OfÏce 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