1 2025:CGHC:2056 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 250 of 2025 1 - Ashok Sharma S/o Bherulal Sharma Aged About 27 Years R/o Dodkheda, P.S. Kreda, District Bhilwara Rajasthan. 2 - Jeevan Lal Gurjar S/o Magana Ram Gurjar Aged About 31 Years R/o Jodhak Kheda, P.S. Asind, District Bhilwara Rajasthan. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Borai District Dhamtari Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. R.K. Jain, Advocate. For Non-Applicant(s) : Mr. S.S. Baghel, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/01/2025 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 applicants who have been arrested in connection with Crime No. 06/2024 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.14 11:12:01 +0530 2 Borai District Dhamtari (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 on 29.02.2024, the Police of Police Station Borai District Tamarind (C.G.) received secret information from the informant that some trucks coming from Odisha and Rajasthan carrying contraband articles, and on the basis of said information the Police have conducted raid and seized total 221.313 Kgs Ganja from truck bearing registration No.RJ-06-GD-5695, thereafter, the offence has been 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 29.02.2023. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that the truck belongs to Ashok, in which the applicants were only doing work of transportation on the instruction of Nimbaram Gurjar, they have loaded goods from Odisha to Rajasthan, whereas the applicants have no knowledge about the same, further seizure witnesses P.W-1 Ujjwar Lal and P.W-2 Niraj Markam have been examined, where they have turned hostile 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 submit that the charge-sheet has 3 been filed in the present case before the competent Court. He would further submit that the quantity of contraband article i.e. 221.313 Kgs Ganja recovered from the joint possession of the applicants, which is much above the commercial quantity and as such, the applicants are not entitled to be released on bail. 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 is much above the commercial quantity and the applicants have failed to give explanation for the same and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicants-Ashok Sharma and Jeevan Lal Gurjar, involved in Crime No. 06/2024 registered at Police Station Borai District Dhamtari (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. - Sd/- (Ramesh Sinha) Chief Justice Akhil