1 2025:CGHC:362 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7167 of 2024 1 - Dinesh Paswan @ Chhotan S/o Nithohar, Aged About 28 Years R/o Village-Machwal, Post-Tiyara, Chandauli, P.S.-Sahabganj, District- Chandauli (Uttar Pradesh) 2 - Pradeep Paswan @ Alok S/o Misri Paswan, Aged About 20 Years R/o Village-Machwal, Post-Tiyara, Chandauli, P.S.-Sahabganj, District- Chandauli (Uttar Pradesh) ... Applicants versus State of Chhattisgarh Through Station House Officer, Police Station- Ambikapur, District-Sarguja (C.G.) ...Non-applicant For Applicant : Ms. Sangeeta Soni, Advocate For Non-applicant : Ms. Monika Singh Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.01.2025 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 has been arrested in connection with Crime ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.01.04 13:19:36 +0530 ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.01.04 13:21:57 +0530 2 No. 547/2024 registered at Police Station Ambikapur, District - Sarguja (C.G.), for the offence punishable under Section 20(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the “NDPS Act”). 2. Case of the prosecution, in brief, is that the Police of Police Station Ambikapur, District Surguja received a secret information through the informant that on 15.08.2024, three unknown persons have kept illegal contraband ganja in the motorcycle to sale and after search, Police has seized 22 Kgs. (12 Kgs. of Ganja from Pradeep Paswan @ Alok and 10 Kgs. of Ganja from Dinesh Paswan @ Chhotan) of contraband Ganja from the joint possession of the applicants. Thereafter, the aforesaid offence has been registered against the present applicants and they have been arrested on 15.08.2024. 3. Learned counsel for the applicants would submits that the applicants have been falsely implicated in this case. It is also submitted that in the present case, charge-sheet has been filed before the competent Court and they are in jail since 15.08.2024. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case and he also submits that the said contraband articles have not been recovered from the exclusive possession of the applicants and there is no criminal antecedents of the present applicants. 3 Accordingly, he prays for enlarging the present applicants on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submits that the applicants have no previous criminal antecedents and in the present case, charge- sheet has been filed before the competent Court further the contraband articles which has been recovered from the joint possession of the present applicant i.e. 22 Kgs., is much above the commercial quantity. As such, the present applicants are not entitled to be released on 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 that in the present case, charge-sheet has been filed before the competent Court and there is no previous criminal antecedents of the present applicants further the quantity of contraband articles which have been recovered from the joint possession of the present applicants is much above the commercial quantity, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, the bail application of the applicants – Dinesh Paswan @ Chhotan and Pradeep Paswan @ Alok filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, involved in 4 Crime No. 547/2024 registered at Police Station – Ambikapur, District - Sarguja (C.G.), for the offence punishable under Sections 20(c) of the NDPS Act, is rejected. 8. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice Anu