1 2025:CGHC:36917 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5935 of 2025 1 - Akash Kurre S/o Susen Kurre, Aged About 20 Years R/o Khorsinala Pangaon P.S. City Kotwali, Balodabazar, Dist.- Balodabazar-Bhatapara, C.G. (Residential Address Of Applicant Is Not Mentioned Properly In The Order-Sheet) 2 - Gopal Banjare, S/o Yaash Narayan Banjare, Aged About 25 Years R/o Village - Mishan Parsabhader, P.S. City Kotwali, Balodabazar, Dist.- Balodabazar-Bhatapara. C.G. ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali Balodabazar, Dist- Balodabazar-Bhatapara, C.G. (Name Of P.S. Not Mentioned In The Cause Title Of The Order Sheet) ... Non-applicant For Applicant : Mr. Tanuj Patwardhan, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.07.2025 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 applicants who have been arrested in connection with Crime No. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.30 19:21:56 +0530 2 384/2025 registered at Police Station – City Kotwali Balodabazar, District – Balodabazar- Bhatapara (C.G.), for the offence punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story in brief is that on 19/04/2025 secret information from the informer was received by assistant sub-inspector that present applicant no. 1 is about to sell narcotic substance near krishi upaj mandi at pangaon-khaida road, Upon receiving the said information the police party reached to the spot mentioned by informer and confiscated 34 KG ganja from the applicant no. I while he was transporting it through the motorcycle. On being asked. mandates Section 67 of the N.D.P.S. Act, the applicant no. 1 named applicant no. 2 and further submitted that he was also involved in the said commission of crime, on the basis of which the applicant no. 2 was arrested by the concern police and thereby they have committed the offence punishable under Section 20(b) of the NDPS Act. Accordingly, the crime was registered against them. (Copy of F.I.R. is submitted here as ANNEXURE A/2) 3. The applicants are innocent and have been falsely implicated in the present case. There is no evidence to prove the involvement of Applicant No. 2, who has been arrested solely based on the statement of Applicant No. 1 recorded under Section 67 of the NDPS Act. As per the Supreme Court judgment in Narcotics Control Bureau vs. Pallulabid Ahmad Arimutta [(2022) 12 SCC 633], such statements are inadmissible. Both applicants have clean antecedents and no prior criminal record. They are young individuals, and their continued 3 incarceration among hardened criminals would be detrimental to their future. They are neither in a position to tamper with evidence nor to abscond. The applicants undertake to comply with any conditions imposed by the Hon'ble Court and are permanent residents of the address mentioned in the cause title He further submits that applicant No.1 is in jail since 19.04.2025 and applicant No.2 is in jail since 11.06.2025. Hence, they respectfully seek grant of regular bail. 4. Ms. Smrit Shrivastava, learned State counsel opposes the bail application of the present applicants and submits that the alleged contraband articles, which were recovered from the applicants are much above the commercial quantity, therefore, the applicants are not entitled for grant of regular 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, it is noted that the contraband article was found in the joint possession of the present applicants, and the quantity recovered significantly exceeds the commercial limit specified under the NDPS Act. The applicants have failed to provide any satisfactory explanation for the possession of such a large quantity, therefore, I am not inclined to release the applicants on bail. 7. Accordingly, the bail application of the applicants – Akash Kurre and Gopal Banjare, involved in Crime No. 384/2025 registered at Police Station – City Kotwali Balodabazar, District – Balodabazar- Bhatapara (C.G.), for the offence punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act 1985, is rejected. 4 8. 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 vaibhav