1 2025:CGHC:49230 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7221 of 2025 Saurav Sahebrao Indapure S/o Sahebrao Indapure Aged About 24 Years R/o Village Rajangaon, P.S. Bhidhki, District Aurangabad (Maharastra) ... Applicant versus State Of Chhattisgarh Through P.S. Singhoda, District- Mahasamund, C.G. ... Non-applicant For Applicant : Mr. Taraq Sayed, Advocate appears through Video conferencing with Mr. Aditya Tiwari, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.09.2025 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. 33/2025 registered at Police Station – Singhoda, District – Mahasamund (C.G.), for the offence punishable under Section 22B of the Narcotic Drugs and Psychotropic Substances Act, 1985. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.26 15:55:16 +0530 2 2. The case of the prosecution is that on 06.04.2025, at around 10:50 A.M., a secret information was received from the informant by the patrolling police that a grey-colored Creta car bearing registration No. MH 16 BY 1011, in which two persons were carrying ganja, was travelling from Odisha towards Chhattisgarh. On the basis of said information, the police stopped the said vehicle and made a search, in which 60 kgs. of ganja was found, which was kept in three sacks of 20 kgs each, amounting to Rs. 9,00,000/-, which was seized from the vehicle in which present applicant-Saurav Sahebram Indapure and co-accused Suyash Bhaurao Gore were travelling and found carrying the contraband article, offence has been registered and they have been arrested. 3. Learned counsel for the applicant, appearing through video conferencing, submits that the present applicant has been falsely implicated in the alleged offence. It is further submitted that the applicant had no knowledge of the contraband ganja purportedly found in the vehicle. There exists a significant possibility of tampering with the seized ganja, as the malkhana register does not indicate that any seal was affixed on the seized sacks nor does it mention that the goods were submitted in a sealed condition. Moreover, no personal seal of the investigating officer has been affixed on the record, thereby raising serious doubts regarding the authenticity of the seized substance and whether the same material seized during the search was indeed submitted to the malkhana. The record further fails to establish that the 3 person arrested is the same individual who was present in the vehicle alleged to be carrying the contraband. The entire case appears to be founded solely on oral police information, which was neither recorded in writing nor forwarded to the superior authority prior to the raid, thereby constituting non-compliance with the mandatory requirements of Section 42 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). It is also submitted that the applicant is the sole breadwinner of his family, and his wife, who has recently delivered a child, is living alone and relies entirely on his support. Medical documents in support of this fact have been annexed as Annexure A/2. The applicant has no previous criminal antecedents, particularly of a similar nature. Considering the non-compliance of mandatory provisions under the NDPS Act, the fact that the applicant is in custody since 06.04.2025, and the likelihood that the trial may take considerable time to conclude, it is most respectfully prayed that the applicant be granted regular bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that in the present case, charge-sheet has not yet been submitted before the competent Court. It is further submitted that a huge quantity of contraband article i.e., 60 kgs. of ganja, was recovered from the alleged vehicle in which the applicant and co-accused Suyash Bhaurao Gore were travelling and found carrying the contraband article. This quantity far exceeds the commercial quantity 4 prescribed under the NDPS Act. He also submits that the applicant has failed to provide any satisfactory explanation regarding the alleged contraband article i.e., 60 kgs. of ganja seized from the alleged vehicle. In view of the seriousness of the offence and the quantity involved, it is submitted that 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. From the perusal of the case diary, it transpires that 60 kgs. of ganja were recovered from the alleged vehicle in which the applicant and co-accused Suyash Bhaurao Gore were travelling and found carrying the contraband article, which is above the commercial quantity. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, as well as the quantity of ganja, i.e., 60 kgs., seized from the alleged vehicle in which the applicant and the co-accused were travelling and found in carrying the same, which is above the commercial quantity as per the Schedule given under the NDPS Act, further noting that the applicant has failed to provide any satisfactory explanation regarding the alleged contraband article seized from the alleged vehicle, the allegation of false implication cannot be accepted. Moreover, the seizure of such a substantial quantity prima facie indicates the involvement of the present applicant in the illicit trafficking of narcotic 5 substances, which constitutes a serious offence under the NDPS Act. Considering the aforesaid facts, I do not find any good ground to entertain the present bail application. 8. Accordingly, the bail application of the applicant – Saurav Sahebrao Indapure, involved in Crime No. 33/2025 registered at Police Station – Singhoda, District – Mahasamund (C.G.), for the offence punishable under Section 22(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Vaibhav