1 2025:CGHC:34065 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5637 of 2025 Sahid Ali S/ O Istayak Ali, Aged About 22 Years R/o Barauli, P.S. Tira, District Jaunpur Uttar Pradesh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Mainpur District Gariyaband Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Rekhraj Baghel, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/07/2025 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. 46/2025 registered at Police Station Mainpur District Gariyaband (C.G.), for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2 2. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station Mainpur District Gariyaband (C.G.) seized 23 Kgs of contraband article ie. Ganja from the possession of applicant and other co-accused persons, thereafter, aforesaid offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 06.04.2025. He further submits that no contraband articles were seized from the exclusive possession of the applicant, as the alleged recovery was made from an open place. The applicant has been implicated in the present case merely on the basis of suspicion, without any substantive evidence connecting him to the alleged offence. He also submits that mandatory provisions with regard to search and seizure were not complied with in this case, further the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicants on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the quantity of contraband article i.e. 23 Kgs of Ganja seized from the possession of the applicant is much above the commercial quantity, so far as other co-accused persons are concerend, the bail application of three co-accused persons, namely, Shiv Chand 3 Yadav, Gyanchand Gautam and Rohit Sonkar has already been rejected by this Court vide common order dated 10.07.2025 in MCRC Nos.5090/2025, 4435/2025 and 5149/2025 and the case of present applicant is identical to that of the co-accused persons, 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 articles i.e. 23 Kgs of Ganja seized from the possession of the applicant and other co-accused persons is much above the commercial quantity and the applicant has failed to give plausible explanation regarding the same, further it is an organized crime and bail application of three co-accused persons, namely, Shiv Chand Yadav, Gyanchand Gautam and Rohit Sonkar has already been rejected by this Court vide common order dated 10.07.2025 in MCRC Nos.5090/2025, 4435/2025 and 5149/2025 and the case of present applicant is identical to that of the co-accused persons, it cannot be a case of false implication, the trial is in progress, there is a growing trend of such offenses, and especially children are becoming addicted to narcotics due to such crimes, which has an adverse impact on society. 7. Accordingly, the bail application of the applicant - Sahid Ali, involved in Crime No. 46/2025 registered at Police Station Mainpur District Gariyaband (C.G.), for the offence punishable under Section 4 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