1 2025:CGHC:32082 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5368 of 2025 1 - Patro Madkami S/o Late Bheema Madkami Aged About 20 Years R/o Village Tekguda, P.S. Kalimela, District Malkangiri – Orissa 2 - Ganga Madkami S/o Late Muka Madkami Aged About 25 Years R/o Village Bodliguda, District Malkangiri - Orissa ... Applicant(s) versus State Of Chhattisgarh Through P.S. Chindgarh, District Sukma Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Mayank Mulchandani, Advocate. For Respondent(s) : Mr. Somya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2025 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 applicants who have been arrested in connection with Crime No. 06/2024 registered at Police Station Chindgarh, District Sukma (C.G.), for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the applicants were found in possession of 15.925 Kgs of Ganja, which led to the registration of the alleged offence against the applicants. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicants. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicants intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 Kgs and from the possession of the applicants only 15.925 Kgs Ganja has been seized. He later submits that the applicants have no criminal antecedent and they are in jail since 02.02.2025, the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that charge- sheet has been filed in the present case before the competent Court. She further submits that though the applicants have no criminal antecedent, but from their possession 18.020 Kgs of Ganja has been seized, therefore, they are not entitled for grant of bail. 3 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 though the contraband article, which has been recovered from the possession of the applicants i.e. 15.925 Kgs of Ganja is less than the commercial quantity and the applicants also have no criminal antecedent, but they have failed to give explanation for the said recovery, further it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicants - Patro Madkami and Ganga Madkami, involved in Crime No. 06/2024 registered at Police Station Chindgarh, District Sukma (C.G.), for the offence punishable under Section 20(b)(ii)(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. 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