1 2025:CGHC:398 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8335 of 2024 Shobha Harijan S/o Mandhar Aged About 29 Years Caste - Mahara, R/o Village - Borgaon, P.S. And Kosaghumda, Distt. Navrag Orissa ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. Police Station - Bodhghat, Distt. Bastar Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Sanjay Pathak, Advocate. For Non-Applicant(s) : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/01/2025 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. 371/2024 registered at Police Station Bodhghat, Distt. Bastar (C.G.), for the offence punishable under Section 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 05.09.2024, the Police of Police Station Bodhghat, Distt. Bastar (C.G.) received a secret 2 information from the informant that two person, namely, Afroj Alam and Kusam Devi carrying some contraband articles at Bus Stand, on the basis of said information the Police have seized 13.162 Kgs Ganja from the possession of co-accused Afroj Alam and 9.500 Kgs Ganja from the possession of co-accused Kusum Devi and on the basis of memorandum statement of co-accused the present applicant has been implicated in the alleged commission of offence. Hence, this bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 05.09.2024. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that the nothing has been seized from the possession of present applicant all the contraband articles has been seized from the possession of co-accused persons, only on the basis of memorandum statement of the co-accused persons, the present applicant has been made an accused, further 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 the applicant belongs to Odisha and total 22.662 Kgs Ganja, which is much above the commercial quantity has been recovered from the possession of co-accused persons and in whose memorandum statement, the name of present applicant has come in 3 light, which shows that the involvement of applicant in the present case, 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. 6. From perusal of the case diary, it transpires that the applicant is resident of Odisha and from possession of the co-accused persons total 22.662 Kgs Ganja (13.162 Kgs Ganja from Afroj Alam and 9.500 Kgs Ganja from Kusum Devi) has been recovered, which is much above the commercial quantity and from memorandum statement of the said co-accused persons, the name of present applicant has come in light, further it is an organized crime and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant-Shobha Harijan, involved in Crime No. 371/2024 registered at Police Station Bodhghat, Distt. Bastar (C.G.), for the offence punishable under Section 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce 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