1 2025:CGHC:59269 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8326 of 2025 Bhuyana Diggal S/o Nagina Diggal Aged About 45 Years R/o Village Karekamba, P.S. Phirangia, District Kandhamal, (Odisha) ... Applicant versus State of Chhattisgarh Through Station House O0cer Police Station - Gariyaband, District Gariyaband (C.G.) ... Non-applicant For Applicant : Mr. Sumit Shrivastava, Advocate. For Non-Applicant : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.12.2025 1. This is the 8rst bail application 8led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 03/2025 registered at Police Station Gariyaband, District - Gariyaband (C.G.), for the o;ence punishable under Sections 20-B(ii)c of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story, in short, is that on 07.01.2025, at about 09:30 AM, Assistant Sub-Inspector Tikaram Dhruw of Gariaband Police Station received reliable secret information that a person wearing a black jacket and black jeans was transporting the illicit narcotic substance Ganja, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.09 11:06:47 +0530 2 concealed inside blue-colored boxes, in a Pickup vehicle bearing registration number CG-08-BB-8009. The vehicle was reported to be traveling from Devbhog toward Gariaband. After informing senior o0cers and obtaining authorization for legal action, the complainant summoned two witnesses, Ravi Shastri and Golu Thakur, and proceeded to the main road. The team then intercepted the said Pickup vehicle. The driver identi8ed himself as Jagdish Bhatia, son of Harishchand Bhatia, aged 36 years, a resident of Dewas District (Madhya Pradesh). When questioned about the contents of the blue boxes kept in the rear of the vehicle, Jagdish Bhatia gave an unsatisfactory response. Upon searching the three blue boxes, the police recovered 44 packets wrapped in khaki- colored tape, suspected to be Ganja. After weighing the material, the total recovered quantity was found to be 83.258 kilograms, valued at Rs. 8,32,580/-. Jagdish Bhatia was thereafter booked, and a case was registered against him under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. During the investigation, he stated that he had purchased the contraband from a person using mobile number 7978615914 and that he used to communicate with this number to procure Ganja. On the basis of this memorandum statement alone, the present applicant has been implicated in the crime. After completion of the investigation, the charge sheet has been 8led, and the applicant has been in jail since 02/06/2025. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the applicant never involved in any commission of crime as the contraband psychotropic substance was not seized from the exclusive possession of applicant and only on the basis of memorandum of co-accused applicant has been roped as accused in the present case. He also submits that the present 3 applicant has no criminal antecedents and he is in jail since 02.06.2025, conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been 8led before the competent Court. He further submits that co-accused Jagdish Bhatia was transporting the contraband ganja weighing 83.258 kg, and on the basis of his memorandum statement, it came to light that he had purchased the said contraband from the present applicant. The quantity seized is well above the commercial quantity, and the involvement of the present applicant surfaced through the memorandum statement of co- accused Jagdish Bhatia, indicating that it is an organized crime. Therefore, the 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. From perusal of the case diary, it transpires that that co-accused Jagdish Bhatia was transporting the contraband ganja weighing 83.258 kg, and on the basis of his memorandum statement, it came to light that he had purchased the said contraband from the present applicant. The quantity seized is well above the commercial quantity, and the involvement of the present applicant surfaced through the memorandum statement of co- accused Jagdish Bhatia, indicating that it is an organized crime, therefore, I am not inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application of the applicant - Bhuyana Diggal, involved in Crime No. 03/2025 registered at Police Station Gariyaband, District - Gariyaband (C.G.), for the o;ence punishable under Sections 4 20-B(ii)c 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. O0ce is directed to send a certi8ed copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek