1 2025:CGHC:4052 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8387 of 2024 Raghvendra Shrivastava S/o Maithilisharan Shrivastava Aged About 34 Years R/o Bhitari Police Station Bhitari, District Datiya (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station Chilfi, District Kabirdham Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Devesh Chandra Verma, Advocate. For Non-Applicant(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 41/2024, registered at Police Station Chilfi, District Kabirdham (CG) for the offence punishable under Sections 20(b)(ii)(c) of NDPS Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is on 26.10.2024 the applicant/accused was illegally transporting narcotic substance Ganja containing moisture in 20 packets wrapped with khaki colored tape in a white colored bag in a Swift car bearing registration No. MP-07-CK-0182 from the place- Excise Check Post NH 30 Main Road Chilfi to Jabalpur, whose total weight including the bag was 28.500 kg, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 26.10.2024. 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 applicant was not in the vehicle from which contraband article was recovered, it was driven by the co-accused persons, the name of present applicant came in light from the memorandum statement of the co-accused persons, further the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has not been filed in the present case. He would further submit that though the applicant was not in the vehicle from which the contraband article i.e. 28.500 Kgs of Ganja recovered, which is much above the commercial quantity, but applicant was also accompanying the co-accused persons, he was escorting the 3 vehicle through which the contraband article was being transported, therefore the applicant 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 applicant was not in the vehicle from which the contraband article i.e. 28.500 Kgs of Ganja recovered, which is much above the commercial quantity, but applicant was also accompanying the co- accused persons, he was escorting the vehicle through which the contraband article was being transported, further it is an organized crime and they have failed to give explanation for the same, it cannot be a case of false implication, charge-sheet has not been filed. 7. Accordingly, the bail application of the applicant-Raghvendra Shrivastava, involved in Crime No. 41/2024, registered at Police Station Chilfi, District Kabirdham (CG) for the offence punishable under Sections 20(b)(ii)(c) of NDPS Act, is rejected. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Akhil