1 2025:CGHC:49923 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6432 of 2025 1. Ajit Kumar Behra S/o Shri Vashishtha Behra Aged About 30 Years R/o Village Sunderukumpa, P.S. Sadar, District : Kandhamal, Orissa 2. Raghunath Ganda S/o Shri Upendra Ganda Aged About 37 Years R/o Village Sunderukumpa, P.S. Sadar, District : Kandhamal, Orissa ... Applicants versus State of Chhattisgarh Through Station House Officer, Police Station Chilfy, District : Kawardha (Kabirdham), Chhattisgarh ... Non-applicant For Applicants : Mr. Jai Dewangan and Ms. Dimple Dewangan, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.21/2025, registered at Police Station: Chilfy, District- Kabirdham (C.G.) for the offences punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.09 11:15:30 +0530 2 2. As per the prosecution's case, in brief, the concerned police station, Chilfy, received secret information from an informant that on 12.05.2025, some unknown persons had stored illegal contraband (ganja) in their truck. Acting on this information, the police seized 101.07 kg of contraband ganja from an open place at the scene of the incident. Consequently, an offence punishable under Section 20(b) of the N.D.P.S. Act was registered against other accused persons. The present applicants were arrested on 18.05.2025 solely on the basis of a memorandum statement. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is further submitted that there is no exclusive possession and seizure of the contraband articles from the applicants. He further submits that the prosecution has not complied the mandatory provisions of NDPS Act and the concerned police station did not take proper investigation before lodging FIR against the applicants and the applicants have falsely been implicated in connection of alleged offences as alleged by the prosecution against them. Further the charge-sheet has been filed and the applicants have no previous criminal antecedents. The applicants are in jail since 18.05.2025. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that during the investigation of the case and after finding the address of the accused Ajit Behera and Raghunath Ganda, they were interrogated in connection with the 3 incident and their memorandum statement was also recorded. In their statement, they said that on the date of the incident, they had called the accused Sanwariya Verma and Hokam Singh to Phulbani, Odisha in a planned manner and gave them the narcotic substance ganja. The mobile phone with which the accused Ajit Behera and Raghunath Ganda of Sadar case used to talk to the accused Hokam Singh and Sanwariya Verma has been seized and taken into police custody as per the seizure memo. On the basis of the memorandum statement of the accused, it was found that the screen shot of the mobile in respect to the transactions done through mobile phone by Raghunath Ganda and Sanwariya Verma and Ajit Behra, Hokam Singh while buying and selling of illegal contraband/Cannabis/ganja. Further, the charge-sheet has been submitted. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. In compliance of the Court’s order dated 12.09.2025, the Investigating Officer, Police Station – Chilfi, District – Kabirdham (C.G.), has filed his additional affidavit disclosing the evidence collected against the applicants during the course of investigation. The relevant portion of the affidavit reads as under:- “4. In compliance of the directions of the Hon'ble Court deponent respectfully submits that on 12.05.2025, on the basis of information received from the informer, 101.07 KG Contraband/Cannabis/Ganja was seized from the truck number RJ-17-GC-9591 and the accused in the vehicle namely 1. Sawariya Verma S/o. Balchand Verma, age 34 years, R/o. Village Chhatarpura, post Kashikheri, police station Jirapur, 4 district Rajgarh, Madhya Pradesh 2. Hokam Singh Sodhia S/o. Bane Singh, age 28 years, R/o. Village Chhatarpura, post Kashikheri, police station Jirapur, district Rajgarh, Madhya Pradesh 3. Kumer Singh S/o. Inder Singh, age 29 years R/o. Village Menakhedi, police station Jirapur, district Rajgarh, Madhya investigation, two other accused i.e. present applicant Ajit Kumar S/o. Babishta Behera, age 31 years R/o. Sudukumpa, police station Sadar, district Kanyamal, Odisha and accused Raghunath Ganda S/o. Upendra Ganda, age 36 years R/o. Jargisaru, police station Sadar, district Kanyamal (Orissa) were arrested from Odisha. 5. That initially the co-accused namely Sawariya Verma; Hokam Singh and Kumer Singh have been arrested. After the arrest, memorandum statements of accused Hokam Singh and Sawariya Verma have been taken during the investigation. In their memorandum statements, the accused had stated that Ajit Behera and Raghunath Ganda had called them to Phulwani, Odisha, and given them huge quantities of narcotic substance ganja in a planned manner. The mobile phone from which the accused used to talk to Raghunath Ganda and Ajit Chehra has been seized as evidence and taken into police custody. 6. During the investigation of the case and after finding the address of the accused Ajit Behera and Raghunath Ganda, they were interrogated in connection with the incident and their memorandum statement was also recorded. In their statement, they said that on the date of the incident, they had called the accused Sanwariya Verma and Hokam Singh to Phulbani, Odisha in a planned manner and gave them the narcotic substance ganja. The mobile phone with which the accused Ajit Behera and Raghunath Ganda of Sadar case used to talk to the accused Hokam Singh and Sanwariya Verma has been seized and taken into police custody as per the seizure memo. 7. On the basis of the memorandum statement of the accused, it was found that the screen shot of the mobile in respect to the transactions done through mobile phone by Raghunath Ganda and Sanwariya Verma and Ajit Behra, Hokam Singh while buying and selling of illegal contraband/Cannabis/ganja. 8. That the accused persons talked to each other through mobile phone on the date and time of the incident and before that also and in this regard the CDR (Call Detail Report) have also been obtained from the Cyber Cell and the CDR also certify the 5 conversation between them. 9. Information regarding the mobile numbers of the accused persons has been obtained from the nodal officer of the concerned mobile company. 10. That the applicant/accused has been arrested on 18/05/2025 and information of which has also been given to the family member of the applicant. 11. That the deponent after due investigation of the Crime and collecting the evidence and material against the applicant and other co-accused persons has filed the charge sheet for the offence punishable under section 20(B)2(C), 29 of the Narcotic Drugs and Psychotropic Substances against the present applicant/accused and other co-accused persons namely Sawariya Verma, Hokam Singh Sondhiya, Kumer Singh and Raghunath Ganda vide Challan No. 23/2025 dated 23/08/2025 presented before the Court of Learned Special Court (NDPS Act) District Kabirdham (CG) on 04/09/2025. Copy of the excerpts of the charge sheet is annexed herewith as Annexure- R-1. 12. That the previous criminal antecedents of the applicant has been verified from the ICJS portal and on verification it has been found that apart from the present crime no other crime has been registered against the petitioner. Copy of the report is annexed herewith as Annexure-R-2. 13. In view of the above submissions it is thus clear that there is enough material and evidence against the applicant/accused and it is most likely that he be convicted for the aforesaid offences. 14. It is respectfully submitted that the applicant/accused is resident of Odisha and if he is released on bail it is most likely that he may engage in some other crime and therefore the present application of the applicant may kindly be rejected. 15. That the release of the accused on bail may adversely affect the outcome of the criminal case before the Trial Court by intimidating the witnesses. Since the accused is from State of Odisha and has been released on bail, he may abscond from his residence and there is no possibility of finding him in future. In such a serious case, if the accused gets bail, his morale may get boosted and the possibility of him being involved in such incidents in future without any hesitation like a habitual criminal cannot be ruled out. 6 16. In view of the above it is thus clear that there is prima facie cognizable offence made out against the present applicant and therefore the present application filed by the applicant deserves to be dismissed.” 7. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicants, and the fact that, in compliance with this Court’s order dated 12.09.2025, the Investigating Officer, Police Station - Chilfi, District - Kabirdham (C.G.), has filed an additional affidavit disclosing the evidence collected against the applicants during the course of investigation, as mentioned above, further from a perusal of the case diary, it is revealed that on 12.05.2025, Police Station Chilfi received information from an informant that three individuals were illegally transporting a large quantity of narcotic substance (ganja) in a truck bearing registration number RJ-17-GC-9591, a total of 96 packets of ganja, wrapped in khaki-colored tape and concealed in four sacks placed in the roof cabin of the truck, were recovered and the total weight of the contraband was found to be 101.07 kilograms, with an estimated market value of Rs.20,00,000/-, this Court is of the view that the applicants are not entitled to be released on bail in this case. 8. Accordingly, the bail application of applicant Nos. 1 and 2 – Ajit Kumar Behra and Raghunath Ganda, respectively involved in Crime No.21/2025, registered at Police Station: Chilfy, District- Kabirdham (C.G.) for the offences punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed 7 and conclude the trial expeditiously. 10. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti