1 2025:CGHC:2296 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 326 of 2025 1 - Avinash Mahaske S/o Gyaneshwar Mahaske Aged About 27 Years R/o Bhilpuri Khurd, Police Station Badnapur, District Jaalna, Maharashtra 2 - Santosh Pawar S/o Bhimrao Pawar Aged About 32 Years R/o Banjarumrad, Police Station Jaalna, District-Jaalna, Maharashtra ... Applicant(s) versus State Of Chhattisgarh Through Police Station Singhora, District- Mahasamund (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Gagan Tiwari, Advocate. For Non-Applicant(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/01/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.15 10:46:58 +0530 2 grant of regular bail to the applicants who have been arrested in connection with Crime No. 20/2024 registered at Police Station Singhora, 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 on 02.03.2024, the Police of Police Station Singhora, District-Mahasamund (C.G.) received secret information from the informant that two persons were transporting contraband article i.e. Ganja through Gerua coloured Mazda truck bearing registration No.MH-21-BH-5855, coming from Odisha to Chhattisgarh and on the basis of said information, the Police have conducted raid and seized total 17 quintal 25 Kgs of Ganja worth Rs.8,62,50,000/- from the said truck which was driven by applicants, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case and they are in jail since 02.03.2024. 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 till date only one witness has been examined and the conclusion of the trial may take quite long time. Therefore, 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 been filed in the present case before the competent Court. He would 3 further submit that the quantity of contraband article i.e. 17 quintal 25 Kgs of 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 contraband article which has been seized from the joint possession of the applicants is much above the commercial quantity, further 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-Avinash Mahaske and Santosh Pawar, involved in Crime No. 20/2024 registered at Police Station Singhora, 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. - Sd/- (Ramesh Sinha) Chief Justice Akhil