1 2025:CGHC:48336 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7590 of 2025 Kumersingh S/o – Indrasingh, Aged About 29 Years, R/o Village- Menakhedi, Police Station- Jirapur, District- Rajgarh ( M.P. ). ... Applicant versus State of Chhattisgarh Through- Station House Officer, Police Station- Chilfi, District- Kabirdham, Chhattisgarh. … Non-Applicant For Applicant : Mr. Dharmesh Srivastava, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.21/2025, registered at Police Station: - Chilfi, District- Kabirdham (C.G.) for the offences punishable under Sections 20(b) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The case of the prosecution, in brief, is that on 12.05.2025, the police of Police Station Chilfi received secret information that three PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.22 16:24:37 +0530 2 persons were transporting a large quantity of psychotropic substance Ganja in a truck bearing registration number RJ-17 GC-9591, and were heading towards Jabalpur via Kawardha-Chilfi. Based on the said information, a police team set up a blockade and, upon inspection of the truck bearing registration number RJ-17 GC-9591, found 96 packets of the psychotropic substance kept in four bags wrapped in khaki-colored tape in the cabin. The total weight of the seized substance was 101.07 kilograms, with an estimated value of Rs.20,00,000/-. The contraband, along with the truck (also valued at Rs.20,00,000/-), was seized. During the course of investigation, the present applicant, along with other co-accused persons, was arrested. A sample of the seized substance was sent to the laboratory for examination, statements of witnesses were recorded, and after completion of the investigation, a charge sheet was filed. The case is currently pending before the learned Special Judge under the Narcotic Drugs and Psychotropic Substances Act, Kawardha, District Kabirdham (C.G.), as Special Case (NDPS Act) No. 386/2025. 3. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the seizure was made without recording memorandum of the accused persons of the case and due to non-availability of the memorandum statement the investigation is vitiated and the present applicant is entitled to be enlarged on bail. It is further submitted that the present applicant is driver of the truck and the applicant has no previous criminal antecedents. The 3 charge-sheet has already been filed, and the applicant has been in judicial custody since 12.05.2025. As the trial is likely to take some time to conclude, the applicant prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the quantity of contraband article which is said to have been recovered from the joint possession i.e. 101.07 kilograms of Ganja, which is above the commercial quantity, hence, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, and the fact that the charge-sheet has already been filed before the competent Court, and the fact that the quantity of contraband article which is said to have been recovered from the joint possession of the present applicant and other co-accused persons i.e. total quantity of 101.07 kilograms of Ganja, is above the commercial quantity, this Court is of the view that the present case is not fit for granting bail to the applicant. 7. Accordingly, the bail application of applicant - Kumersingh involved in Crime No.21/2025, registered at Police Station: - Chilfi, District- Kabirdham (C.G.) for the offences punishable under Sections 20(b) and Section 29 of the Narcotic Drugs and Psychotropic Substances 4 Act, 1985, for short, the NDPS Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti