1 2025:CGHC:1239 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 66 of 2025 G Sarojini W/o G Simaiya Aged About 60 Years R/o Near Ganesh Mandir, Khursipar, PS Chhawani, Distt. Durg (CG) ... Applicant versus State Of Chhattisgarh Through Police Station - Khursipar District Durg, Chhattisgarh ...Non-Applicant For Applicant :Mr. Aman Pandey, Advocate. For Non-Applicant/State :Ms. Supriya Upasane, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No. 171/2024, registered at Police Station: Khursipar District Durg, Chhattisgarh for the offences punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that As per the prosecution story PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.09 17:20:58 +0530 2 on the basis of a secret information received by the police of PS Khursiparthat Pintu Kumar Sahani (co- accused) has brought contraband Ganja and has kept it near the house of G Sarojini and Ganesh Mandir and that Applicant is also involved in the same. The applicant was apprehended by the Police and on the basis of her memorandum other accused persons were arrested by the Police from them as well contraband was alleged to be recovered. It is alleged that from AB Sahani and Ajay Sahani in Skoda Car Bearing No. CG04 KP 4604 a total of 6.3 Kgs of Ganja was recovered and from 3.800 Kgs Ajay Prasad in Wolksvagen Car bearing No. CG 04 HC 2080 3.370 Kgs of Ganja was recovered, from G Sarojini (Applicant herein) a total of 32.142 Kgs were recovered in four bags of 8.525 kgs, 9.080 kgs, 8.530 kgs and 6.010 kgs and from Pintu Kumar Sahni 5.830 kgs of Ganja was recovered. A total of about 45 kgs is alleged to be seized from 5 accused persons and it is alleged that the Applicant was in possession of 32.142 kgs of Ganja. Hence, this bail application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that this is the case of a false implication and it is argued that the applicant was involved in a case of NDPS Act in which he has been acquitted by this Court on 02.09.2024 passed in CRA 1037 of 2003 and she had gone at the police Station to supply a copy of the order to the concerned Police Station on 05.09.2024 and she was arrested and falsely 3 implicated in the present case. It is further submitted that there were 05 accused persons including the present applicant involved in the present case and 45 Kgs of Ganja were said to have been recovered from the joint possession and 32 Kgs Ganja recovered from the present applicant, further the charge-sheet has been filed in this case and she is in jail since 05.09.2024. Therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposed the bail application and submits that total 45 Kgs of Ganja have been recovered from the joint possession of the applicant and other co- accused persons and 32 Kgs Ganja has been recovered from the present applicant, which is much more than the commercial quantity. She further submitted that the applicant has two previous criminal antecedents under the NDPS Act of the year 2017 and 2019. Hence, her bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that total quantity of 45 Kgs of Ganja have been recovered from the joint possession of the present applicant and other accused persons and 32 Kgs Ganja recovered from the present applicant, which is much more than the commercial quantity, further, accordingly, the bail application of the applicant- G Sarojini involved in Crime No. 171/2024, registered at Police Station: Khursipar, District - Durg, 4 Chhattisgarh for the offences punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 7. After passing of the order, learned counsel for the applicant submits that the trial may be expedited. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti