1 2025:CGHC:38145 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6020 of 2025 Birendra Manjhi S/o Gurbaru Manjhi, Aged About 40 Years R/o Ward No. 1, Kuikeda, P.S. Santala, District Balangir, Odisha ... Applicant(s) versus State Of Chhattisgarh Through The Police Station- Komakhan, District Mahasamund, C.G. ... Respondent(s) For Applicant(s) : Mr. Aman Sharma, Advocate. For Respondent(s) : Mr. Swajeet Singh Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/08/2025 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. 29/2024 registered at Police Station Komakhan, District Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2 2. Case of the prosecution, in brief, is that on February 18, 2024, the police received information that two individuals driving a Bolero vehicle with registration number OR-3-E-0827, approaching from Odisha and heading towards Bagbahra, were in possession of illegal contraband, specifically ganja. Acting on this information, the police intercepted the vehicle and found the applicant, along with co-accused Rohit Sagar, in possession of approximately 32 kilograms of ganja. The applicant and the co-accused were taken into custody. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 18.02.2024. He further submits that no seizure of any illegal contraband substance has been made from the exclusive possession of the applicant, further out of 18 witnesses, the statement of 8 witnesses have been recorded till date. He also submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the conclusion of 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. He further submits that the quantity of contraband substance i.e. 32 Kgs of Ganja recovered from the possession of applicant, which is much above the commercial quantity as notified under the NDPS Act, therefore, the applicant is not entitled to be released on bail. 3 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 substance i.e. 32 Kgs of Ganja recovered from the possession of the applicant is much above the prescribed commercial quantity threshold and counsel for the applicant has failed to give plausible explanation regarding the same, it cannot be a case of false implication, particularly when the trial is in progress, so far as the status of trial is concerned, out of 18 witnesses, the statement of 8 witnesses have been recorded. 7. Accordingly, the bail application of the applicant - Birendra Manjhi, involved in Crime No. 29/2024 registered at Police Station Komakhan, District Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 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