1 2025:CGHC:45410 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7052 of 2025 Chaitan @ Chaitanya Kumar Yadav S/o Kailash Yadav Aged About 27 Years R/o Village- Barkhuriya, P.S.- Lailunga, District- Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Outpost- Kotba, Police Station- Bagbahar, District- Jashpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Jitendra Kumar Saxena, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/09/2025 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 applicant who has been arrested in connection with Crime No. 17/2025 registered at Police Station Outpost- Kotba, Police Station- Bagbahar, District- Jashpur (C.G.), for the offence punishable under Section 20(b)(ii)(E) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 119(3) of M.V. Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 16.02.2025, the police at Police Chowki, Kotba, under Police Station Bagbahar, received information from an informant that certain individuals were transporting cannabis in a Brezza car bearing registration number CG-10-BE-3848. Acting upon this information, the police conducted a raid and allegedly recovered 98.600 kilograms of cannabis from the possession of the applicant and co-accused persons Bablu Yadav @ Laxminarayan and Pustam. Based on this recovery, an FIR was registered, and the present applicant, along with the co- accused, was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 16.02.2025. He further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He also submits that 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 opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the quantity of contraband article i.e. 98.600 Kgs of Ganja from the joint possession of the applicant and co-accused, which is much above the commercial quantity as notified under the NDPS Act 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. 3 6. From perusal of the case diary, it transpires that the contraband articles i.e. 98.600 Kgs of Ganja recovered from the joint possession of the applicant and co-accused person is much above the prescribed commercial quantity threshold and counsel for the applicant has failed to give plausible explanation regarding the same, it cannot be a case of false implication, particularly when the trial is in progress. 7. Accordingly, the bail application of the applicant - Chaitan @ Chaitanya Kumar Yadav, involved in Crime No. 17/2025 registered at Police Station Outpost- Kotba, Police Station- Bagbahar, District- Jashpur (C.G.), for the offence punishable under Section 20(b)(ii)(E) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 119(3) of M.V. 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil