1 2025:CGHC:458 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8788 of 2024 1. Ajay Ninama S/o Shri Rajaram Ninama Aged About 22 Years Caste Bheel, R/o Village Baloda, Nayapara Basti, P.S. And Tahsil Badnawar District Dhar Madhya Pradesh 2. Rohit Katariya S/o Shri Asha Ram Katariya Aged About 20 Years Caste Bheel, R/o Village Baloda, Nayapara Basti, P.S. And Tahsil Badnawar District Dhar Madhya Pradesh ... Applicants versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Nagarnar, Jagdalpur District Bastar Chhattisgarh ---- Non-Applicant For Applicants : Mr. Vinod Kumar Tekam, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Government Advocate. 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 applicants who have been arrested in connection with Crime No. 143/2024 registered at Police Station Nagarnar District - Bastar (C.G.), for the offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act. 2 2. Case of the prosecution, in brief, is that as per secret information received from the informant that on the date of incident, unknown person have kept illegal contraband ganja in their vehicle to sell, upon such information, the police ofÏcials conducted raid and have seized 24.305 kg of contraband ganja from the place of incident at open place. Thereafter, the applicants were arrested in connection with crime No. 143/2024 was registered against the applicants. 3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case and they are in jail since 11.08.2024. He further submits that there is no exclusive possession of the seizure memo have not proved by the prosecution as per seizure witnesses. He also submits that the prosecution has not complied the mandatory provisions of NDPS Act and the concerned police station did not take proper investigation before lodging FIR against the applicants. However, from the joint possession of the present applicants 24.305 Kg. Ganja has recovered and further the applicants have no criminal antecedents and 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 submits that the quantity of contraband article i.e. 24.305 kgs of Ganja which has been recovered from the joint possession of the applicants, is much above the commercial quantity and as such, the present applicants are not entitled to be released on bail. 3 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 article which has been seized from the joint possession of the applicants, i.e. 24.305 Kg (Ganja) which is much above the commercial quantity and the applicants have not been able to give an explanation for the same, it cannot be a case of false implication, hence, this Court does not find a fit case to release the applicants on bail. 7. Accordingly, the bail application of the applicants – Ajay Ninama and Rohit Katariya filed under Section 483 of the BNSS, involved in Crime No. 143/2024 registered at Police Station Nagarnar District - Bastar (C.G.), for the offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 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