1 2025:CGHC:50347 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7971 of 2025 Shivdhyan Kumar @ Mistri Yadav S/o Dinesh Singh Aged About 21 Years (Wrongly Mentioned As Sidhyan In Annexure A-1), R/o Sikarya, Post- Paharpur, P.S. Gadhani, District- Bhojpur (Bihar) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station - Komakhan, District- Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Raj Kumar Sahu, Advocate. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/10/2025 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. 118/2024 registered at Police Station Komakhan, District- Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 05.09.2024, ASI Shyamacharan Dhruv, along with his staff, was conducting patrolling in villages Komakhan, Goynabahara, Suvarmal near NH- 353, when a confidential informer reported that two persons were transporting illegal ganja hidden under sacks of rice in a khaki- colored through Ashok Leyland truck bearing registration No. MH- 40 CT 3815, from Odisha to Mahasamund for sale. Acting on this information, the police intercepted the truck at Temri Naka, and upon questioning, the driver identified himself as Anil Kumar and the companion as Shivdhyan Kumar alias Mistri Yadav (present applicant). During the search, 150 packets of ganja, packed in 10 white plastic rice bags totaling 300.120 kg (commercial quantity worth approximately Rs.45,00,000/-), were recovered from the truck in which the applicant and the co-accused were travelling and found in carrying the same. Based on this seizure, the accused Anil Kumar and present applicant were arrested, and a case was registered under Section 20(B) of the NDPS Act (Commercial Quantity) at Thana Komakhan, Crime No. 118/2024. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case, having no nexus with the alleged incident. The prosecution has failed to prove exclusive possession of the seized contraband as per the seizure witnesses, and has not complied with the mandatory provisions of the NDPS Act. He also submits that the applicant has neither committed the alleged offence nor was involved in any manner, and 3 was wrongly arrested without any material being seized from his possession, he has been implicated merely on suspicion of proximity to the incident, while the police failed to conduct a proper investigation. So far as the status of the trial is concerned, out of fifteen prosecution witnesses, only two witnesses have been examined before the trial Court, out of said two witnesses, one witness has turned hostile. The applicant is in jail since 05.09.2024 and 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 opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the quantity of contraband article i.e. 301.200 kg of ganja recovered from the truck in which the applicant and co-accused were travelling and found in carrying the same is much above the commercial quantity as notified under the NDPS Act and 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. Considering the submissions made by the learned counsel for the applicant, as one out of two examined witness has turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 7. From perusal of the records, it prima facie appears that the contraband article seized i.e. 50 packets of ganja, packed in 10 4 white plastic rice bags totaling 300.120 kg (commercial quantity worth approximately Rs.45,00,000/-) which is above the commercial quantity as per the Schedule given under the NDPS Act and further noting that the applicant has failed to provide any satisfactory explanation regarding the alleged contraband article seized from the vehicle Ashok Leyland truck bearing registration No. MH-40-CT-3815, which were hidden under khaki-colored sacks of rice transporting from Odisha to Mahasamund for sale by co- accused / driver, namely, Anil Kumar and his companion present applicant, which indicates prima facie involvement of the applicant and co-accused in the illicit trafÏcking of narcotic substances. 8. In view of the seriousness of the offence, I do not find any good ground to entertain the present bail application. 9. Accordingly, the bail application of the applicant - Shivdhyan Kumar @ Mistri Yadav, involved in Crime No. 118/2024 registered at Police Station Komakhan, District- Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. 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