1 / 3 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7197 of 2025 Krishan Kishore @ Ballu Patel S/o Shri Ramkishore Patel Aged About 27 Years Occupation - Agriculturist, R/o Village Padariya, Ps Amlai, District Shahdol(M.P.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Gourela, District Gourela-Pendra-Marwahi Chhattisgarh ... Respondent For Applicant : Mr. Jitendra Chandrakar, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.09.2025 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 applicant who has been arrested in connection with Crime No. 297/2024 registered at Police Station – Gourela, District – Gourela – Pendra Marwahi (C.G.), for the offence punishable under Section 20(b)(ii-C) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act. 2. The case of the prosecution, in brief, is that on 02.09.2024, based on information from an informer, the petitioner along with their co- VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.10 14:32:47 +0530 2 / 3 accused Uday Chauhan, was apprehended with narcotics in vehicle number MP 18 BB 2530 near the Harratola main road culvert turn. Upon interrogation and search by the police, 160 kg of ganja was recovered from their joint possession. During questioning, the accused stated that Anuj Adile, Uttara alias Shahil Khunte, and Arun Chandra had loaded the ganja into a Brezza car (CG 13 UJ 4981) and transported it to Bilaspur while piloting the vehicle. At Bilaspur, Sajan Chaudhary got down and stayed with them. The accused further disclosed that the ganja was being transported to Anuppur via Orissa, Jagdalpur, Bilaspur, and Gaurela. Based on their memorandum statements, the accused were arrested for their involvement in the transportation of ganja. Subsequently, a case was registered under Sections 20B and 29 of the NDPS Act, and the petitioner was arrested in connection with the offence. 3. The applicant is innocent and has been falsely implicated in the present case. Nothing has been seized from his possession, and his name has surfaced only on the basis of the memorandum of the co- accused persons under Section 27 of the Evidence Act. The charge- sheet has already been filed, charges have been framed, and the trial has been pending for more than one year, during which the material witnesses have already been examined; however, they have not supported the prosecution story and have turned hostile, thereby changing the circumstances in favour of the applicant. Except for one criminal antecedent, there is no material against the applicant to establish his involvement in the alleged offence. He has been unnecessarily roped into the matter and has been in custody since 3 / 3 03.09.2024. No further custodial interrogation is required. Hence, the applicant is entitled to be released on bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of contraband article i.e. 160 Kgs of Ganja, was recovered from the joint possession of the present applicant, which is much above the commercial quantity and as such, the applicant is 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, 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 applicant has 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 applicant – Krishan Kishore @ Ballu Patel, involved in Crime No. 297/2024 registered at Police Station – Gourela, District – Gourela – Pendra Marwahi (C.G.), for the offence punishable under Section 20(b)(ii-C) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Vaibhav