1 2025:CGHC:459 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8796 of 2024 Santosh Rathore S/o Late Jaitram Rathore Aged About 33 Years R/o Village Farasvani, Thana Urga, District Korba, Chhattisgarh. Present Address Sarkanda, Bilaspur, District Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Anti Crime And Cyber Unit, Bilaspur, District : Bilaspur, Chhattisgarh ---- Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Deputy Advocate General 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 BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 117/2024 registered at Police Station – Anti Crime and Cyber, Unit Bilaspur, District - Bilaspur (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 23.10.24 on the basis of information given by the informer police of police station G.R.P. Bilaspur made search on the platform No.2 & 3 of Bilaspur Railway 2 Station and seized 20 Kg of Ganja from the possession of accused Yogesh Soundiya and Rohit Dwivedi and registered F.I.R. vide Crime No.117/2024 under Section 20 (बी) of N.D.P.S. Act thereafter for next investigation sent to Anti Crime and Cyber Unit, Bilaspur thereafter memorandum of other co-accused person has been taken and the present applicant has been implicated in this case and arrested the applicant on 29.10.24 thereafter added the offence under Section 29 of N.D.P.S. Act. 3. Learned counsel for the applicant would submits that the applicant has been falsely implicated in this case. It is also submitted that the charge-sheet has been filed in this case and he is in jail since 29.10.2024. He further submits that if the entire prosecution story is taken as it is then the offence punishable under Section 20 (बी) & 29 of N.D.P.S. Act is not made out against the applicant and the Ganja has been seized from open place not from the possession of present applicant and also the police has not properly complied the provision of N.D.P.S. Act, only on the basis of memorandum of co- accused person the present applicant has been implicated in this case. 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 submits that in this case there are total seven accused persons out of which, from the possession of the two co-accused persons 10-10 Kg Ganja have been recovered separately and after taking memorandum statement of said accused persons the present applicant has been arrested. The contraband 3 articles which is said to have been recovered from the possession of the applicant, i.e. 20 kg of Ganja, a commercial quantity, was recovered from the applicant’s possession. As such, the present 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 facts and circumstances of the case and further the fact that the contraband article i.e. 20 Kgs of Ganja, a commercial quantity, which is said to have been recovered from the possession of the applicant along with co-accused and the applicant has failed to give an explanation for the same and it cannot be a case of false implication, thus this Court is of the view that it is not a fit case to release the applicant on bail. 7. Accordingly, the bail application of the applicant – Santosh Rathore, filed under Section 483 of the BNSS, involved in Crime No. 117/2024 registered at Police Station – Anti Crime and Cyber, Unit Bilaspur, District - Bilaspur (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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal