1 2025:CGHC:55191 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9076 of 2025p 1 - Yogesh Kumar Puniya S/o Shri Maman Singh Puniya Aged About 27 Years R/o Village Sindhvi Khera, Jind City, Tehsil And District - Jind, Haryana 2 - Naveen Kumar Semi S/o Set Singh Semi Aged About 28 Years R/o Village Jamni, Pillu, Khera, Jind City, Tehsil And District - Jind, Haryana ...Applicants versus State Of Chhattisgarh Through Station House Officer, P.S. Nagarnar, District - Bastar Chhattisgarh ... Non-applicant For Applicants : Mr. Sourabh Sharma, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.11.2025 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 applicants who have been arrested in connection with Crime No. 175/2024 registered at Police Station – P.S. Nagarnar, District – Bastar (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.13 11:58:26 +0530 2 Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story, the applicants/accused, Yogesh Kumar Punia and Naveen Kumar Saini, both residents of Haryana, were apprehended by the Police Station Nagarnar, District Bastar, on 26.09.2024 while transporting a large quantity of ganja in a white Ford car bearing registration number HR-20-AD-0059. Thereafter, acting upon secret information, the police intercepted the vehicle near the power grid at Tarighat and, in the presence of witnesses, conducted a lawful search under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). From the vehicle's trunk, 48 packets containing a total of 251.500 kilograms of ganja were recovered, the estimated market value of which is 15,15,000/-. Two mobile phones and Rs.1,500 in cashwere also seized from the possession of the accused. A case has bee registered under Section 20(b)(i)(C) of the NDPS Act, 1985 for possession and transportation of a commercial quantity of narcotic substance, and both accused were taken into custody accordingly 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. A mere perusal of the FIR itself would reveal that no offence as alleged is made out against the present applicants. The applicants are drivers by profession employed in a private company and were merely performing their duty of driving the vehicle on the instructions of their employer/owner, having no knowledge regarding the alleged contraband kept in the vehicle. They are neither the owners nor the 3 possessors of the said contraband, and there is no material to establish conscious possession on their part, as the alleged recovery, if any, was made from a closed trunk of the vehicle not owned by them. The investigation has been completed, the charge sheet has already been filed, and the applicants are no longer required for custodial interrogation; hence, their continued detention serves no purpose. The mandatory provisions under Sections 42, 50, and 57 of the NDPS Act have not been duly complied with, rendering the alleged seizure doubtful and the proceedings vitiated due to procedural lapses. The applicants are permanent residents of the address mentioned in the cause title and they are in jail since 26.09.2024, therefore, he prayed for grant of regular bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that in the present case, charge- sheet has not yet been submitted before the competent Court. It is further submitted that a huge quantity of contraband article i.e., 251.500 kgs. of ganja, was recovered from the applicants. This quantity far exceeds the commercial quantity prescribed under the NDPS Act. He also submits that the applicants have failed to provide any satisfactory explanation regarding the alleged contraband article i.e., 251.500 kgs. of ganja seized from the alleged vehicle. In view of the seriousness of the offence and the quantity involved, it is submitted that the applicants are 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 4 gravity of the offence, as well as the quantity of ganja, i.e., 251.500 kg, seized from the joint possession of the applicants and the co-accused, which is above the commercial quantity as per the Schedule under the NDPS Act, and further noting that the applicants have failed to provide any satisfactory explanation regarding the alleged contraband seized from them, it is evident that the seizure of such a substantial quantity prima facie indicates the involvement of the present applicants 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 – Yogesh Kumar Puniya & Naveen Kumar Semi , involved in Crime No. 175/2024 registered at Police Station – P.S. Nagarnar, District – Bastar (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, are rejected. - Sd/- (Ramesh Sinha) Chief Justice vaibhav