1 2025:CGHC:38494 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6120 of 2025 • Tejswani Mane Son Of Praveen Mane Aged About 24 Years Resident Of Village Gudhiyari P.S. Gudhiyari, District- Raipur Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Basna District- Mahasamund (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sudhir Kumar Sahu, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/08/2025 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.15/2024 registered at Police Station-Basna Distt.- Mahasamund (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 the concerned police station Basna received secret information through the informant that on the date of incident, four unknown persons have kept illegal contraband VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.13 11:02:43 +0530 2 ganja in their possession to sale and police has seized 40 kg contraband ganja from place of incident at open place and as a result threfore, police has registered offence punishable under Section 20-B of NDPS Act against the applicant and other accused person. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He further submits that the prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that of the seized contraband ganja has divided from 4 persons, then very less quantity would be remained from possession of one persons. He later submits that the applicant has no criminal antecedent and he is in jail since 19.01.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, 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 and submits that the applicant has no criminal antecedent. He further submits that, the quantity of contraband article seized from the possession of the applicant i.e. 40 Kgs of Ganja is seized, therefore, he is not entitled for grant of bail. 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 though the contraband article, which has been recovered from the possession of the applicant i.e. 40 Kgs of Ganja is more than the commercial quantity and the applicant has failed to give explanation for the said 3 recovery, further it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant- Tejswani Mane, involved in Crime No.15/2024 registered at Police Station -Basna Distt.- 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 vaishali