1 2025:CGHC:44310 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6862 of 2025 1 - Ajit Rana S/o Pancharan Rana Aged About 26 Years R/o Siletpada, P.S. Ghantapada, Dist - Bodh (Oddissa) 2 - Siddheshwar @ Sumantu Rana S/o Indra Rana Aged About 28 Years R/o Ambagaon, P.S. Ghantapada, Dist - Bodh (Odissa) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station City Gaurela, Dist - Gaurela-Pendra-Marvahi Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Tanuj Patwardhan, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/09/2025 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 applicants who have been arrested in connection with Crime No. 304/2024 registered at Police Station, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Gaurela, Dist - Gaurela-Pendra-Marvahi (C.G.), for the offence punishable under Section 20(b)(ii)(c), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 111 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 15/09/2024, acting upon secret information, the staff of Police Station Gaurella apprehended a co-accused and, after complying with the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, seized 101.60 kilograms of ganja from his possession. During further investigation, the co-accused disclosed the involvement of the present applicants in the business of sale and purchase of ganja. On the basis of such disclosure, the present applicants were arrested by Police Station Gaurella. Accordingly, they have been alleged to have committed offences punishable under Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 111 of the Bhartiya Nyaya Sanhita, 2023. Consequently, a crime was registered against them. Hence, the bail application. 3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case and they are in jail since (applicant No.1 – 25.11.2024 and applicant No.2 – 17.02.2025). He would further submit that no seizure of any contraband article has been made from the present applicants, as the same was made from the co-accused, who in his memorandum statement stated that he purchased the said articles from the present applicants, but there is no documentary evidence to substantiate the claim that any such 3 sale took place between them. He would also submit that the mandatory provisions with regard to search and seizure were not complied with in this case and 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 though the contraband article i.e. 101.60 Kgs of Ganja, which is much above the commercial quantity was not seized from the possession of the applicants, as the same was made from the co-accused, but the said co-accused in his memorandum statement has stated that he purchased the said contraband articles from the present applicants, therefore, the applicants are 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 i.e. 101.60 Kgs of Ganja, which is much above the commercial quantity was not seized from the possession of the applicants, as the same was made from the co-accused and the names of present applicants have come into light from the memorandum statement of the said co-accused, who stated that he purchased the said contraband article from present applicants, but considering the fact that the applicants are indulged in organized crime for illegal sale of narcotic, as such, without expressing any 4 opinion on the merits of the case, 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-Ajit Rana and Siddheshwar @ Sumantu Rana, involved in Crime No. 304/2024 registered at Police Station, Gaurela, Dist - Gaurela-Pendra- Marvahi (C.G.), for the offence punishable under Section 20(b)(ii) (c), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 111 of Bharatiya Nyaya Sanhita, 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 Akhil