1 2025:CGHC:413 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8547 of 2024 Shyam Singh S/o Shri Ratan Aged About 38 Years By Caste - Saundhiya, R/o Village - Semli, Thana - Susner, Distt. - Aagar (Malwa) Madhya Pradesh. ... Applicant versus State of Chhattisgarh Through Excise Officer, Excise Circle Mahasamund, Distt - Mahasamund Chhattisgarh. ... Non-Applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-Applicant : Mr. Nitansh Jaiswal, 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 Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 50/2024 registered at Police Station – Excise Circle Mahasamund, District – Mahasamund (C.G.), for the offence punishable under Section 20-B(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police Station – Excise Circle Mahasamund, District – Mahasamund (C.G.), had 2 received secret information from the informant and on the basis of the said information conducted a raid and seized total 8.100 Kgs contraband article Ganja from the joint possession of the present applicant and co-accused persons. Thereafter, the Police has registered the offence punishable under Section 20-B(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article was not recovered from the joint possession of the present applicant and no any contraband article has been seized from the applicant, the contraband article was seized from the open place near the railway station. He also submits that due to the reason that he was found in doubted condition at platefrom and after seein the RPF tried to run away from the spot, therefore, the RPF Mahasamund have caught hold the present applicant and other co- accused. He further submits that the present applicant has been in jail since 29.08.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of contraband article i.e. 18.100 Kgs Ganja, was recovered from the possession of the present applicant, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that the contraband article i.e. 8.100 Kgs Ganja which has been seized from the possession of the present applicant, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Shyam Singh, involved in Crime No. 50/2024 registered at Police Station – Excise Circle Mahasamund, District – Mahasamund (C.G.), for the offence punishable under Section 20-B(ii) 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 trail expeditiously. 9. Office 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 Rahul Dewangan