1 2025:CGHC:45662 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7118 of 2025 Subrat Rai Urf Subro S/o Shri Thakur Rai Aged About 42 Years R/o Farasgaon, District Kondagaon Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through P.S. Farasgaon, District Kondagaon Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Om Kukreja, Advocate. For Non-applicant/State : Mr. Atanu Ghosh, Deputy Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 57/2024, registered at Police Station Farasgaon District-Kondagaon (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act. 2. The prosecution story in brief, is that the police of police station Farasgaon, District Kondagaon (C.G.) received a secret information from the informant that two persons in vehicle bearing No.CG-04- KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 JC-9732 are carrying illegal product in the truck, Raid was conducted and on being asked about the details of the driver, the driver told his name as Satish Chandra Prajapati and on being searched, 110 kg of Ganja (Cannabis) on being presented by found from the truck Satishchandra Prajapati, Insurance, fitness and permit of the truck bearing No. CG04JC9732 was seized on which name of was Parmeshwar Khila was mentioned. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that on the date of the FIR, the applicant was at Vishakhapatnam. It is further submitted that the applicant had earlier made a complaint to the Superintendent of Police concerned, stating that he had been a police informer and a witness in cases registered against the accused persons, but by an application dated 28.05.2021 (Annexure A/2), he had expressed his unwillingness to continue as a police informer. Pursuant thereto, the S.D.O. recorded the statement of the applicant, wherein he supported his complaint (copy annexed as Annexure A/2). Learned counsel further submits that the present case has been lodged solely on the basis of the statement of co-accused Parmeshwar Khila, who alleged that the truck in question belongs to the applicant. It is also pointed out that after registration of the present case, another FIR was registered against the applicant on 30.11.2024 for an offence under Section 20(b) of the NDPS Act, being Case Crime No. 165/2024. It is urged that no recovery whatsoever has been made from the possession of the applicant, and he has been in custody since 30.11.2024. 3 Considering that the trial is likely to take considerable time to conclude, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned counsel for the State has opposed the prayer for grant of bail. It is submitted that a contraband article, i.e., 110 kilograms of Ganja (Cannabis), was recovered from the truck driven by the co-accused Satish Chandra Prajhapati. During the course of investigation, the truck driver, Satish Chandra Prajapati, disclosed that the applicant, along with the co-accused, had made a special compartment for concealing the contraband, which clearly indicates the applicant’s active involvement in the illegal transportation of the said contraband. It is further submitted that the applicant has criminal antecedents of two other cases registered under the NDPS Act as such, he is a habitual offender, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the present case charge-sheet has been filed before the competent Court and a contraband article, i.e., 110 kilograms of Ganja (Cannabis), was recovered from the truck driven by the co-accused Satish Chandra Prajhapati and during the course of investigation, the truck driver, Satish Chandra Prajapati, disclosed that the applicant, along with the co-accused, had made a special compartment for concealing the said contraband, which clearly indicates the applicant’s active involvement in the illegal 4 transportation of the said contraband and also considering the fact that the applicant has criminal antecedents of two other cases registered under the NDPS Act as such, he is a habitual offender, hence, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant – Subrat Rai Urf Subro, involved in Crime No. 57/2024, registered at Police Station Farasgaon District-Kondagaon (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal