1 2025:CGHC:53924 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8770 of 2025 Dinesh Kumar Kesharwani S/o Kannulal Kesharwani Aged About 42 Years R/o Ward No. 05, Jaithari, Thana- Jaithari District- Anuppur (M.P.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Basna, District- Mahasamund (C.G.) ... Non-applicant For Applicant : Ms. Anjali Pradhan Advocate. For Non-applicant/State : Mr. S.S. Ubeja, Panel Lawyer. 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. 517/2023 registered at Police Station – Singhoda, District – Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.07 12:04:50 +0530 2 2. As per the prosecution story in brief, it is alleged that, on the basis of secret information, the Station House Officer, Police Station Basna, conducted a raid and recovered 100 kilograms of Ganja from the illegal possession of the applicant. Accordingly, an offence was registered against the applicant, and he was subsequently arrested. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the alleged offence. She further submits that the material prosecution witnesses, including the seizure witnesses, have been examined before the learned Trial Court, and they have not supported the case of the prosecution and have turned hostile. The applicants further rely upon the judgment of the Hon’ble Supreme Court in Manish Sisodia v. Directorate of Enforcement, 2024 SCC Online SC 1920, wherein it has been observed that bail is not to be withheld as a form of punishment and that “bail is the rule and jail is the exception.” It is further submitted that out of the total prosecution witnesses, only four witnesses have been examined so far, as reflected in the order sheet annexed herewith as Annexure A/3. The essential ingredients of the alleged offence are not prima facie attracted against the applicants. The applicants are the sole breadwinners of their respective families, and their prolonged pre- trial detention has caused severe financial hardship to their family members. He undertake to fully cooperate with the trial and assure that they will not misuse the liberty if granted bail. The 3 applicant has been in judicial custody since 24.09.2023 and is permanent residents of the address mentioned in the cause title; hence, there is no likelihood of their absconding or tampering with prosecution witnesses. The applicant is ready and willing to abide by all directions and conditions that may be imposed by this Hon’ble Court therefore, she respectfully prayed that the applicant be granted regular bail. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that, in the present case, the charge-sheet has not yet been filed before the competent Court. It is further submitted that a huge quantity of contraband, i.e., 100 kilograms of Ganja, was recovered from the applicant, which far exceeds the commercial quantity prescribed under the NDPS Act. The learned State Counsel also submits that the applicant has failed to provide any satisfactory explanation regarding the alleged contraband article. In view of the seriousness of the offence and the quantity involved, it is submitted that 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. Considering the facts and circumstances of the case, the nature and gravity of the offence, as well as the quantity of Ganja, i.e., 100 kilograms, seized from the applicant, which is above the commercial quantity as specified in the Schedule under the NDPS 4 Act, and further noting that the applicant has failed to provide any satisfactory explanation regarding the alleged contraband, the contention of false implication cannot be accepted. Moreover, the seizure of such a substantial quantity prima facie indicates the involvement of the present applicant, constituting a serious offence under the NDPS Act. In view of the aforesaid facts, this Court does not find any good ground to entertain the present bail application. 7. Accordingly, the bail application of the applicant – Dinesh Kumar Kesharwani, involved in Crime No. 517/2023 registered at Police Station – Singhoda, District – Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Vaibhav