1 2025:CGHC:33054 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5499 of 2025 Santosh Rath @ Tulsi Kosre @ Dhannu S/o Pramodchand Rath @ Ramesh Aged About 46 Years R/o New Street Forth Line, Jaipur Neer Near Chandra Rice Mill, In Rented House Of Vrindvati Das, P.S. Jaipur, District Koraput (Odisha) ... Applicant versus State Of Chhattisgarh Through S.H.O. Ganj, District Raipur C.G. ... Respondent For Applicant : Shri Vedant Bhelonde, Advocate. For Respondent/State : Ms. Soumya Sharma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/07/2025 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.26/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.21 16:49:26 +0530 2 Ganj, District Raipur C.G. for the offence punishable under Section 20(b) of NDPS Act. 2. Case of the prosecution, in brief, is that the police was tipped off by an informant that two people were staying at Gupta Guest House, Naramdapara, Raipur with alleged contraband in their possession. The police arrested two people who were found in possession of 21.60 Kg of Ganja. The accused during course of investigation revealed that they bought the ganja from Tulsi Kosre, Govinda & Dhannu and later police arrested the applicant and alleged that he is known by his other aliases as Tulsi Kosre & Dhannu and he has sold contraband to the other accused. The police arrested the applicant on 06.02.2025 from his house in Odisha and no recovery has been made from him. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that even if the entire allegations as narrated in FIR is believed to be true, no offence is said to have committed by the applicant as no recovery either of contraband or money made from the applicant so as to even portray him that he sold the contraband to co-accused of crime and it is an essential ingredient to accuse a person of committing crime under the NDPS Act. Since, no recovery is made from applicant as such no prima facie offence is made out. He would submit that the applicant is in jail since 06/02/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 4. Learned State counsel on the other hand opposes the prayer for grant of bail. She would submit that allegation against the present applicant is that he had sold the contraband article ganja to other co-accused person and bail application of the co-accused persons namely Mohammed Javed and Noorjahan has been rejected by this Court in MCRC No.5256/2025 on 8/07/2025 from whom 21.610 kgs of ganja was recovered which is above the commercial quantity and it is an organized crime, 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. Considering the facts and circumstances of the case, considering the fact that allegation against the present applicant is that he had sold the contraband article ganja to other co-accused person and bail application of the co-accused persons namely Mohammed Javed and Noorjahan has been rejected by this Court in MCRC No.5256/2025 on 8/07/2025 from whom 21.610 kgs of ganja was recovered which is above the commercial quantity and it is an organized crime, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant Santosh Rath @ Tulsi Kosre @ Dhannu, involved in Crime No.26/2025 registered at Police Station Ganj, District Raipur C.G. for the offence punishable under Section 20(b) of NDPS Act, is rejected. 4 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/-- Sd/- (Ramesh Sinha) Chief Justice gouri