1 2025:CGHC:35718 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5763 of 2025 1 - Raja Babu Kaiwartya S/o Samaru Ram Kaiwartya Aged About 28 Years R/o Shirrainarayan District Janjgir - Champa (C.G.) 2 - Harish Kumar Kaiwartya @ Manish S/o Chaatram Kaiwartya Aged About 24 Years R/o Shivrinarayan District - Janjgir- Champa (C.G.) ...Applicant(s) versus State Of Chhattisgarh Through Police Station Singhoda District Mahasamund (C.G.) ... Non-applicant(s) For Applicants : Mr. Vikas Shrivastava, Advocate. For Non-applicant/State : Ms. Monika Thakur, 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 Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 111/2022 registered at Police Station- Singhoda, District - Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief is that as per secret information received from the informant and upon such information, the Police conducted raid and have searched the vehicle Maruti Suzuki Celerio X bearing registration No. CG-11-AQ-8641 which was parked at NH 53 in road side near Radha Madhaw temple village Murmuri, where they seized 29.800 Kgs of Ganja from the said vehicle thereafter, the aforementioned offence has been registered against the applicants. 3. Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated in this case. He further submits that there is no reliable witness to the offence to prop up the alleged prosecution story. It seems that the prosecution story is not based upon legal evidence. He further submits that the police have violated the provisions of Section 42 and 50 of NDPS Act and there is no remote connection of applicants to the alleged offence. Further the applicants are only 28 years and 24 years old young person and there is no previous criminal record against them. He further submits that the in the present case, charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicants. 4. On the other hand learned State counsel opposes the prayer for grant of bail and submit that in the present case, charge-sheet has been filed before the competent Court further the quantity of contraband article which is said to have been recovered from the joint possession of the applicants i.e. 29 Kgs of Ganja, is much 3 above the commercial quantity. Hence, the present applicants are not entitled for grant of bail. 5. I have heard learned counsel for the parties as well as perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of allegation levelled against the applicants and further the fact that in the present case, charge-sheet has been filed before the competent Court and the quantity of contraband article which is said to have been recovered from the joint possession of the applicants i.e. 29.800 Kgs of Ganja, is much above the commercial quantity and the applicants have failed to give a plausible explanation with regard to the same therefore, I am not inclined to grant bail. 7. Accordingly, the bail application of the applicants – Raja Babu Kaiwartya and Harish Kumar Kaiwartya @ Manish filed under Section 483 of the B.N.S.S., involved in Crime No. 111/2022 registered at Police Station- Singhoda, District - Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, is rejected. 8. Needless to say that the trial 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 Kunal