1 2025:CGHC:42167 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5700 of 2025 Arun Kumar Khunte S/o Shri Mahettar Lal Khunte Aged About 52 Years R/o Village Malkhrauda PS Malkhrauda Distt. Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through SHO Lormi, Distt. Mungeli (C.G.) ... Respondent For Applicant : Shri Vijay Shankar Mishra, Advocate. For Respondent/State : Shri Soumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/08/2025 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.79/2025 registered at Police Station Lormi, Distt. Mungeli (C.G.) for the offence punishable under Section 20 (B) of NDPS Act, 1985. 2. Case of the prosecution, in brief, is that on 15.02.2025, Inspector GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.24 12:54:53 +0530 2 Akhilesh Kumar Vaishnav of Lormi police station received information from an informer that a person along with another companion was going to transport illegal narcotic substance ganja from Kudhurtal to Khektara in a Mahindra car number CG 12 AF 3456. Then, Inspector Akhilesh Vaishnav, based on the said information, reached the spot with witnesses along with necessary material and accompanying staff for taking action under the NDPS Act and upon conducting the raid, a person was seen coming in a car, who was surrounded and caught. There were two persons in the car, who, upon questioning, told their names to be Raju Sahu and Ramraj. Accused Raju Sahu has been arrested under Section 50 of the NDPS. After making the accused aware of their rights under the Act, upon proper search of the accused, three white colour plastic bags containing 28 pieces of ganja wrapped in brown colour tape, totalling 86.250 kg worth Rs.8,50,000 and one Mahindra XUV car bearing number CG 12 AF 3456 were seized from the possession of accused Raju Sahu. On the basis on which, a case under section 20B NDPS Act was registered against accused Raju Sahu and the juvenile in conflict with the law by Lormi police station under crime number 79/2025 and he was arrested on 15.02.2025 during the further investigation owner of the confiscated vehicle Mahindra Car bearing No. CG 12 AF 3456 was issued notice for want information answer to which told owner of the said vehicle Accused Arun Kumar Khunte i.e. present applicant and driver of the said vehicle Santosh Kumar lahre by which police has arrested the driver Santosh Kumar Lahre and recorded the memorandum statement as per the memorandum statement of the co-accused arrested the applicant in crime in question and registered aforesaid offence against the 3 applicant. 3. Learned counsel for the applicant submitted that the applicant is the owner of the vehicle in question which was being taken by his driver for some personal purpose and the applicant had no knowledge that the vehicle in question was being used by the driver for transportation of the contraband article which has been recovered is above the commercial quantity. He would submit that the applicant is in jail since 19/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. He would submit that the contraband article i.e. 86.250 kg ganja which was recovered from the vehicle of the applicant is above the commercial quantity, therefore applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that contraband article i.e. 86.250 kg ganja which was recovered from the vehicle of the applicant is above the commercial quantity and the applicant is the owner of the said vehicle, 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 applicant Arun Kumar Khunte involved in Crime No.79/2025 registered at Police Station Lormi, Distt. Mungeli (C.G.) for the offence punishable under Sections 20 (B) NDPS Act, 1985, is rejected. 4 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri