1 2025:CGHC:37232 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5889 of 2025 Popat Singh S/o Fagunva Bhuiya Aged About 60 Years R/o Mahuvakheda, Police Station - Sahanagar, District- Panna (M.P.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station Dongaripali, District- Sarangarh-Bilaigarh (C.G.) ... Non-Applicant For Applicant : Mr. Jitendra Shukla, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2025 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 applicant who has been arrested in connection with Crime No. 48/2024 registered at Police Station – Dongaripali, District- Sarangarh-Bilaigarh (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 05.09.2024, the police of Police Station Dongaripali received secret information that certain persons were transporting illicit contraband from Odisha to Baramkela. Acting on this information, the police completed the necessary formalities, intercepted vehicle bearing registration RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 number OD-17/AC-8478, and recovered 22 kg of contraband ganja valued at approximately Rs. 4,40,000/-. Consequently, a crime was registered, and a charge-sheet was filed before the concerned Court. 3. Learned counsel for the applicant submits that the applicant has neither committed nor participated in the alleged offence and has been falsely implicated by the police. He further submits that the contraband was not recovered from the conscious possession of the applicant; rather, it was allegedly recovered from the main accused, who has since died during the pendency of this case. He also submits that the applicant was merely travelling by taking a lift in the said vehicle and is neither the owner nor in any manner connected with the contraband. The essential ingredients of the alleged offence are not prima facie attracted against the applicant. He further submits that mandatory provisions under Sections 42, 50, 52, 55, and 57 of the NDPS Act have not been strictly complied with, and even the sealing of the seized property is doubtful. It is further submitted that, so far as the trial is concerned, only two prosecution witnesses have been examined till date, and therefore continued incarceration of the applicant serves no purpose. He further submits that the present applicant has no any previous criminal antecedents and he is in jail since 05.09.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of 3 contraband article i.e. 22 kg of contraband ganja valued at approximately Rs. 4,40,000/- was recovered from the possession of the present applicant, which is much above the commercial quantity and 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 and further the fact that the contraband article i.e. 22 kg of contraband ganja valued at approximately Rs. 4,40,000/- which has been seized from the possession of the present applicant, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Popat Singh, involved in Crime No. 48/2024 registered at Police Station – Dongaripali, District- Sarangarh-Bilaigarh (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan