1 2025:CGHC:53917 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8742 of 2025 Shekhar Pal S/o Shri Rameshwar Pal Aged About 32 Years R/o Indira Gandhi Ward, Pipariya, District Narmadapur, Madhya Pradesh ... Applicant versus State Of Chhattisgarh Through Police Station Pendra, District Gaurela- Pendra-Marwahi Chhattisgarh ... Non-applicant For Applicant : Mr. Yashkarn Singh, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.11.2025 1. This is the First bail application filed 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. 310/2024 registered at Police Station – Pendra, District – Gaurela- Pendra - Marwahi (C.G.), for the offence punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story in brief, is that the Police of Police Station - Pendra, District Gaurela-Pendra-Marwahi (C.G.) received a secret VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.07 12:04:50 +0530 2 information through the informant and based on the said information, the Police authority has seized a total of 34.300 Kgs of Ganja from the trunk of the car bearing gistration No. MH-02-EH-1015 which was being piloted by the co-cused. The said arrest of the applicant has been made based on memorandum statement made by the co-accused thereby an FIR dated 20.10.2024 under section 20(B) and 29 of the NDPS act, against 6 accused for carrying the commercial quantity of 34.300 Kgs of Ganja. 3. Learned counsel for the applicant respectfully submits that applicant has been falsely implicated in the present case and has no connection with the alleged offence mentioned in the FIR. It is submitted that the name of the applicant is not mentioned anywhere in the FIR and his arrest has been made solely on the basis of a memorandum statement of a co-accused. A bare perusal of the charge sheet reveals that only Rs. 400 was seized from the applicant, and nothing incriminating was found in his possession. The applicant has been in custody since 21.10.2024. Furthermore, all four seizure witnesses examined during the trial have not named the applicant in their depositions. The applicant’s eight-year-old son suffers from “Thalassemia Major” and requires regular blood transfusions, and due to the applicant’s incarceration, the family is facing severe financial and emotional hardship. The applicant is the sole breadwinner and a permanent resident of the address mentioned in the cause title; hence, there is no likelihood of absconding. It is further submitted that the FIR appears to be false, motivated, and concocted to harm the applicant’s reputation and livelihood. Considering that the applicant has spent considerable time in custody, the trial is prolonged, and most of the key witnesses 3 have been examined, it is humbly prayed that the applicant be enlarged on bail. 4. Learned State Counsel opposes the bail application and submits that, as per the prosecution story, a total quantity of 34.300 kilograms of Ganja, which is well above the commercial quantity as prescribed under the NDPS Act, was seized from the trunk of a car bearing registration No. MH-02-EH-1015, which was being piloted by the co- accused. He further submits that the bail application of co-accused Rameshwar Ahiwar @ Munna has already been rejected by this Court in MCRC No. 6301 of 2025, and there are sufficient prima facie materials indicating the involvement of the present applicant in the offence. Considering the commercial quantity of the contraband seized and the stringent bar under Section 37 of the NDPS Act, it is submitted that the applicant is not entitled to be released on bail at this stage. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, as well as the quantity of ganja, i.e., 34 kgs., seized from the alleged trunk of the Car bearing registration no. MH 02- EH-1015 in which the applicant and the co-accused were travelling and found in carrying the same, which is above the commercial quantity as per the Schedule given under the NDPS Act, further noting that the applicant has failed to provide any satisfactory explanation regarding the alleged contraband article seized from the alleged vehicle, the allegation of false implication cannot be accepted. Moreover, the seizure of such a substantial quantity prima facie indicates the 4 involvement of the present applicant in the illicit trafficking of narcotic substances, which constitutes a serious offence under the NDPS Act. Considering the aforesaid facts, I do not find any good ground to entertain the present bail application. 7. Accordingly, the bail application of the applicant – Shekhar Pal, involved in Crime No. 310/2024 registered at Police Station – Pendra, District – Gaurela-Pendra - Marwahi (C.G.), for the offence punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavor to conclude the trial as expeditiously as possible within a period of four months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. Office 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 Vaibhav