1 2025:CGHC:11464 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 602 of 2025 Jaydev Saha S/o Jitendra Saha Aged About 40 Years R/o Khada, U.V.- 12, P.S. Umarkot, District Navrangpur, Orissa ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Police Station Farasgaon, District Kondagaon (C.G.) ... Non-applicant For Applicant : Mr. Vinod Kumar Tekam, Advocate For Non-applicant/State : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.03.2025 1. Today, though the present bail application has been listed for hearing on IA No.02 of 2025, which is application for grant of interim/temporary bail, but with the consent of learned counsel for the parties and considering the period of detention of the applicant, this bail application is being heard finally. 2. Accordingly, IA No. 02 of 2025 stands disposed of. 3. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 to the applicant who has been arrested in connection with Crime No. 165/2024 registered at Police Station– Farasgaon, District Kondagaon (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 4. Case of the prosecution, in brief, is that the Police of Police Station – Farasgaon, District Kondagaon (C.G.), had received secret information from the informant that on the date of incident, unknown persons have kept illegal transporting contraband Ganja to sale and on the basis of the said information conducted a raid and seized total 23.680 Kgs contraband article Ganja from the possession of the present applicant and co-accused. Thereafter, the Police has registered the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant. 5. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He further submits that, in pursuance of the order dated 17.02.2025 passed by this Court, the applicant was granted interim bail to attend his daughter’s marriage. Now, he has surrendered before the Trial Court and is in judicial custody. Additionally, a copy of the surrender certificate and the order dated 27.02.2025, by which he was taken into custody and sent to jail, has also been annexed. He further submits that the alleged contraband article was not recovered from the possession of the present applicant and no any contraband article has been seized from the applicant, as per the memorandum statement of the co-accused, from whom 23.680 kg of Ganja was recovered, it was 3 stated that he used to purchase the contraband from the applicant. He further submits that the applicant has no any previous criminal antecedent and he is in jail since 30.12.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 6. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of contraband article i.e. total 23.680 kgs Ganja from the possession of the present applicant, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Considering the facts and circumstances of the case and further the fact that in pursuance of the order dated 17.02.2025 passed by this Court, the applicant was granted interim bail to attend his daughter’s marriage, now, he has surrendered before the trial Court and is in judicial custody, a copy of the surrender certificate and the order dated 27.02.2025, by which he was taken into custody and sent to jail, has also been annexed, further the considering the fact that as per the memorandum statement of the co-accused, from whom 23.680 kg of Ganja was recovered, is much above the commercial quantity, it was stated that he used to purchase the contraband from the applicant, and the applicant has failed to give any explanation for the same, further it appears to be a case of organized crime. 4 9. Accordingly, the bail application of the applicant – Jaydev Saha, involved in Crime No. 165/2024 registered at Police Station– Farasgaon, District Kondagaon (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. OfÏce 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 Rahul Dewangan