1 2025:CGHC:56812 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9455 of 2025 Shripati Chauhan S/o. Shri Tikam Singh Chauhan, Aged About 38 Years R/o. Village Tangarghat, P.S. Tamnar, Distt. Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Tamnar, Distt. Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.11.2025 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. 105/2025 registered at Police Station – Tamnar, District – Raigarh (C.G.), for the offence punishable under Section 20(b)(ii)(C) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story in brief is that on 23.05.2025 the police of police station Tamnar received a secret information from the informant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.24 14:05:00 +0530 2 regarding transportation of contraband article ganja in a car so they followed and stopped the Santro car and made the search and alleged to have seized 37 kg of contraband article ganja kept in boot and rear seat of the car, recorded the memorandum statement, arrested the applicant and other co-accused persons and filed the charge-sheet after completion of investigation. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case and has neither committed nor participated in any offence, though a perusal of the material available on record does not disclose any evidence to show that he has committed any offence under the NDPS Act. The police arrested the applicant merely on the ground that he was present in the vehicle, without establishing his exclusive possession over the material seized. The applicant is the sole earning member of his family, and his prolonged detention would cause severe financial hardship to his dependents. All searches and seizures were conducted before police officers, in violation of the mandatory provisions of the NDPS Act, only with an intention to falsely implicate the applicant, making him entitled to bail. The procedure adopted by the police for search and seizure is impermissible under law. The applicant, being the only earning member, is undergoing extreme mental, financial, and physical strain, and further detention would adversely affect his mental state due to exposure to hardened criminals. The investigation is complete, the charge-sheet has been filed, and the applicant has no criminal antecedents; therefore, his further detention is unwarranted. The applicant is a permanent resident of the address mentioned in the cause-title, ensuring no possibility of absconding or tampering with 3 witnesses, and he is ready to comply with any conditions the Hon’ble Court may impose while granting bail. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that, in the instant case, the charge-sheet has not yet been filed before the competent Court. It is further submitted that a huge quantity of contraband substance, i.e., 37 kilograms of ganja, has been recovered from the applicant, which far exceeds the commercial quantity prescribed under the NDPS Act. The learned State Counsel further contends that the applicant has failed to provide any satisfactory explanation regarding the alleged contraband, i.e., 37 kilograms of ganja, seized from the vehicle which the applicant was driving and of which he is the registered owner. Considering 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., 37 kilograms, seized from the vehicle which belongs to the applicant and of which he is the registered owner, and noting that the said quantity is above the commercial quantity prescribed under the Schedule of the NDPS Act, and further observing that the applicant has failed to provide any satisfactory explanation regarding the alleged contraband seized from the said vehicle, it is apparent that the recovery of such a substantial quantity prima facie indicates the involvement of the 4 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 – Shripati Chauhan, involved in Crime No. 105/2025 registered at Police Station – Tamnar, District – Raigarh (C.G.), for the offence punishable under Section 20(b)(ii)(C) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Vaibhav