1 2025:CGHC:48077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7519 of 2025 Hariom Mishra S/o Anand Mishra Aged About 25 Years R/o Ward No. 01, Sugaon P/s Sugauli Tehsil Motihaari District- East Champaran Bihar (Address Of The Applicant Is Incorrect In A/1 ... Applicant(s) versus State Of Chhattisgarh Through SHO P/S Excise Circle Ganj, Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vinay Nagdev, Advocate appeared through video conferencing. For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/09/2025 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. 113/2025 registered at Police Station Excise Circle Ganj, Raipur (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2 2. Case of the prosecution, in brief, is that on 16.07.2025 the Excise Circle Ganj police were on routine patrol when they received a tip- off from an informer. Acting upon this information and following the mandatory provisions of the NDPS Act, the police intercepted the accused and recovered two bags containing a total of 15.370 kilograms of contraband ganja (cannabis) from his possession, which led to the registration of the alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicant intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 Kgs and from the possession of the applicant only 15.370 Kgs Ganja has been seized. He later submits that the applicant has no criminal antecedent and he is in jail since 16.07.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that though the 3 applicant has no criminal antecedent, but from the possession of the applicant contraband article i.e. 15.370 Kgs of Ganja is seized, therefore, he is 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, which has been recovered from the possession of the applicant i.e. 15.370 Kgs of Ganja is less than the commercial quantity and the applicant also has no criminal antecedent, but the applicant has failed to give explanation for the said recovery, further it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant-Hariom Mishra, involved in Crime No. 113/2025 registered at Police Station Excise Circle Ganj, Raipur (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this state. 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