1 2025:CGHC:35710 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5779 of 2025 1 - Ramkishan Bishnoi S/o Hetram Bishnoi Aged About 21 Years R/o Village- Khawa, Dolario Ki Daar, Karnipuda Padiyal, Pariyal, Jodhpur, Rajasthan. 2 - Manish Dewashi S/o Hariram Dewashi @ Haruram Aged About 20 Years R/o Raika Baag, Motai, Moti, Jodhpur, Rajasthan. ... Applicant(s) versus State Of Chhattisgarh Through S.H.O., Police Station- Basna, District Mahasamund C.G. ... Respondent(s) For Applicant(s) : Mr. Pushkar Sinha, Advocate. For Respondent(s) : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/07/2025 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. 159/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Basna, District Mahasamund (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 April 18, 2025, Assistant Sub-Inspector Balaram Sahu, along with staff, proceeded in a government-acquired vehicle CG.04-P-1034 to Padampur Road, Parsakol Chowk, Bansula, based on information from an informant. They were checking vehicles coming from Odisha when they intercepted a D-710 vehicle bearing number CG.15- DH-4324 with two occupants. Upon inquiry, the driver identified himself as Ramkishan Bishnoi, resident of Padiyal, Police Station Bhojasar, District Phalodi (Rajasthan), and the other person identified himself as Manish Dewasi, resident of Motai, Police Station Chakhun, District Phalodi (Rajasthan). The occupants were found transporting 2 white plastic bags containing ganja, weighing 15 kg 200 grams and 25 kg 200 grams, respectively, totaling 40 kg 400 grams. A seizure was made, and a case was registered under Section 20(b) of the NDPS Act. The accused were arrested on April 18, 2025. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 18.04.2025. He further submits that the applicants have been implicated without any basis, and the psychotropic substance was not seized from their exclusive possession. Therefore, no offense as alleged is made out against the applicants. The police have 3 fabricated a case against them. Furthermore, the mandatory provisions of Sections 42 and 50 of the NDPS Act have not been followed by the police. He also submits that 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. 40.400 Kgs of Ganja recovered from the joint possession of the applicants is much above the commercial quantity 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. From perusal of the case diary, it transpires that the contraband articles i.e. 40.400 Kgs of Ganja recovered from the joint possession of the applicants is much above the commercial quantity and the applicants have failed to give plausible explanation regarding the same, further it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicants - Ramkishan Bishnoi and Manish Dewashi, involved in Crime No. 159/2025 registered at Police Station Basna, District Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 4 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