1 2025:CGHC:751 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1 of 2025 Babu Behara S/o Shri Shankar Behara Aged About 24 Years Resident Of Ward Mno. 04 Mochi Shahi Balpani Shahi, Thana Bugua, District Ganjam (Odisha) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Komakhan District Mahasamund (C.G.) ---- Non-Applicant For Applicant : Mr. Vikas Pradhan, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/01/2025 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. 82/2024 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. 2. Case of the prosecution, in brief, is that as per secret information received from the informant, upon such basis, the Police of Police KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN Date: 2025.01.07 11:54:07 +0530 2 Station Komakhan District-Mahasamund (C.G.) have conducted raid and have seized 20 Kg Ganja from the possession of the applicant. Therefore, the aforesaid offence has been registered against the applicant. 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 21.06.2024. He further submits that the quantity of contraband article i.e. 20 Kg of Ganja has recovered from the possession of the applicant, is not above the commercial quantity and the Section 37(1) (b) of the NDPS Act not attracts in this case. He also submits that the mandatory provisions of NDPS Act have not been complied in its letter and spirit and further he has no criminal antecedent, trial is likely to take quite long time therefore, he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submits that the contraband article 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 but on a pointed query being made as to what is the explanation of the contraband article which is said to have been recovered from him, he failed to explain the same. 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 that the 3 quantity of contraband article 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 but on a pointed query being made as to what is the explanation of the contraband article which is said to have been recovered from him, he failed to explain 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 – Babu Behara filed under Section 483 of the BNSS, involved in Crime No. 82/2024 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. 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