1 2025:CGHC:4240 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 653 of 2025 1 - Naresh Kumar Kashyap S/o Omprakash Kashyap Aged About 44 Years R/o Village- Taprana, Sadar Thana, District Karnal, Haryana 2 - Geeta Devi W/o Late Vijay Kumar Aged About 50 Years R//o Saga (Bir Narena 59), District Karnal, Haryana ... Applicant(s) versus State Of Chhattisgarh Through Officer In Charge, P.S. Bastar, Jagdalpur, District Bastar, Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Vikram Sharma, Advocate. For Non-Applicant(s) : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.01.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as they have been arrested in connection with Crime No. 52/2023, registered at Police Station Bastar, Jagdalpur, District Bastar (CG) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 20(b) of NDPS Act. 2. Case of the prosecution, in brief, is that the accused, Naresh Kumar Kashyap and Geeta Devi, were stopped by the police at Bharalinga Toll Plaza on July 24, 2023, while driving a white Alto car. The police found two plastic bags in the boot of the car containing a total of 51.29 kg of cannabis, also known as Ganja. The accused were allegedly speeding and flashing their headlights while approaching the toll plaza, which raised the police's suspicion, thereafter, the offence has been registered against the applicants. 3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case and they are in jail since 24.07.2023. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that the seizure witnesses turned hostile and out of 13 witnesses, 8 witnesses have been examined, the conclusion of the 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 would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He would further submit that the quantity of contraband article i.e. 51.29 Kgs of Ganja recovered from the possession of the applicants, which is much above the commercial quantity and as such, the applicants are 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 article which has been seized from the possession of the applicants is much above the commercial quantity and the applicants have failed to give explanation for the same and it cannot be a case of false implication, the trial is in progress, out of 13 witnesses, 8 witnesses have been examined. 7. Accordingly, the bail application of the applicants-Naresh Kumar Kashyap and Geeta Devi, involved in Crime No. 52/2023, registered at Police Station Bastar, Jagdalpur, District Bastar (CG) for the offence punishable under Section 20(b) of NDPS Act, is rejected. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously preferably within a period of four months from the date of receipt of certified copy of this order, in accordance with law, if there is no legal impediment. 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