1 2025:CGHC:32074 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5391 of 2025 1 - Anil Kumar Thakre S/o Phoolchand Thakre, Aged About 42 Years R/o Ambagarh, Police Station Andhalgaon, District Bhandara Maharashtra (Name Of P.S. Wrongly Mentioned As Adargaon In The Impugned Order) 2 - Mayank Yadav S/o Mannu Yadav, Aged About 20 Years R/o Warthi, Police Station Varathi, District Bhandara Maharashtra ... Applicant(s) versus State Of Chhattisgarh Through Police Chowki- Birejhar, Police Station Kurud, District Dhamtari (Chhattisgarh) .... Non-applicant(s) For Applicants : Mr. Aman Upadhyay, Advocate For Non-applicant/State : Ms. Ankita Shukla, 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 Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 472/2024 registered at Police Station-Kurud, District - Dhamtari (C.G.), for the offence punishable under Section 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that on 05/11/2024, the In- Charge of Police Outpost Birejhar under Police Station Kurud, Sub- Inspector Ishwar Lal Sakar, received information from an informant that two suspicious individuals were transporting illegal ganja (cannabis) on a red-colored TVS Raider Sports motorcycle without a number plate, traveling from village Maurikala towards village Kodebod. Acting upon the said information, and following due procedure, the officer along with his team and independent witnesses proceeded in a government vehicle to the Alekhunta T- junction near Kodebod and kept surveillance on the passing vehicles. During the surveillance, two persons matching the informant’s description were seen coming from the direction of Alekhunta on a red motorcycle. Upon being stopped and questioned, they identified themselves as Balram Chandrakar and Vikram Baghel, residents of village Anda, District Durg. They were carrying two plastic sacks on their motorcycle, which they admitted contained ganja. Following legal procedure, both plastic sacks were searched and were found to contain ganja. During interrogation, the accused disclosed that the contraband had been brought from Odisha and was intended to be delivered to Anil Kumar and Mayank Yadav, residents of Bhandara, Maharashtra, who were waiting near a roadside eatery between Abhanpur and Kachna on Old Dhamtari Road. Immediately, a police team was dispatched to apprehend the said individuals, and both Anil Kumar and Mayank Yadav were also brought into custody. All four accused were formally arrested. On 3 the spot, the recovered ganja was weighed and seized, and its total quantity was found to be 28 kilograms, valued at approximately ₹2,80,000/-. In this regard, an FIR bearing Crime No. 472/2024 was registered at Police Station Kurud under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. 3. Learned counsel for the applicants submit that the present applicants are innocent and they have been falsely implicated in this case. He further submits that no ganja or material has been seized from the possession of the present applicants which attract any provision of the NDPS Act. The applicants/accused are resident of District Bhandara, Maharashtra. The applicant No. 1 is a driver who drives vehicles on booking. The applicant No. 2 runs a business of sound-system/DJ in Warthi Bhandara Maharashtra and further there is no incriminating evidence available to implicate the present applicants/accused in commission of the present offence. He further submits that the concerned police has seized one mobile phone having SIM No. 92023xxxxx from the possession of main accused Balram Chandrakar. The concerned police has seized a mobile having SIM No. 8806xxxxxx from the possession of the applicant No. 1 Anil Kumar Thakre and a mobile having SIM No. 79728xxxxx from the possession of Applicant No. 2 Mayank Yadav. On 07.03.2025, the concerned police has obtained Call Data Records from 01.11.2024 to 05.11.2024 of the aforesaid three mobile numbers 9202340258, 8806140414 and 7972811994 from the Reliance Jio Infocomm. Ltd. It is very vivid from the CDR that there is not a single contact made by the present applicants to the main 4 accused Balram Chandrakar and vise versa. When the present applicants have no contact with the main accused, thus not a single evidence is available with the prosecution against the applicants to implicate them in the offence. He further submits that the applicants are in jail since 05.11.2024 and the applicant No.1 has no criminal antecedent and the applicant No.2 has some criminal antecedents which have already been explained and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicants. 4. Learned counsel appearing for the State/non-applicant opposes the prayer for grant of bail and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the quantity of contraband article which has been recovered from the two co-accused person i.e. 28 Kgs of Ganja, which is much above the commercial quantity and on the basis of their memorandum statement, the present applicants have been made accused further it is an organized crime and as such, the applicants are 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, nature and gravity of offence levelled against the applicants and the fact that the charge-sheet has been filed in the present case before the competent Court further, the quantity of contraband article which has been recovered from the two co-accused person i.e. 28 Kgs of Ganja, which is much above the commercial quantity and on the 5 basis of their memorandum statement, the present applicants have been made accused further it appears that it is an organized crime and it cannot be a case of false implication and the applicants have failed to explain the same, hence, this Court does not find a fit case to release the applicants on regular bail. 7. 7. Accordingly, the bail application of the applicants – Anil Kumar Thakre and Mayank Yadav, filed under Section 483 of the B.N.S.S., involved in Crime No. 472/2024 registered at Police Station-Kurud, District - Dhamtari (C.G.), for the offence punishable under Section 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 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 Kunal