Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:55217
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9047 of 2025 Keshav Prasad Yadav S/o Niranjan Yadav Aged About 29 Years Occupation Agricultural Resident Of Village Baiskimuda, P.S. Lailunga, District Raigarh C.G.
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Lailunga, District Raigarh C.G.
... Respondent(s) For Applicant(s) : Mr. Sudhir Kumar Sahu, Advocate For Respondent(s) : Ms. Supriya Upasne, G.A. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 12.11.2025
1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No.58/2025, registered at Police Station- Lailunga, District- Raigarh (C.G.) for the offence punishable under Sections 20(b), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act) and Section 111 of the B.N.S. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.11.13 17:16:57 +0530
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2. The prosecution story in brief, is that, the concerned Police Station- Lailunga, received a secret information from an informant that on 08.03.2025, certain unknown persons were in possession of illegal contraband ganja with intent to sell. Acting upon the said information, the police conducted a search at the place of incident, i.e., an open area near an under-construction house, and seized 22 kilograms of ganja from the spot. Consequently, an offence punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 111 of the Bharatiya Nyaya Sanhita, 2023, was registered against the applicant and other accused persons.
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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Further, no contraband was recovered from his possession, and the alleged seizure was made from an open place not owned or controlled by him. It is contended that the prosecution has failed to establish exclusive possession, has not complied with the mandatory provisions of the N.D.P.S. Act, and has relied solely on the memorandum of co-accused without any independent evidence. The applicant, a law-abiding farmer with no criminal antecedents, has cooperated with the investigation, is in custody since 08.03.2025, and continued detention would cause undue hardship to his dependent family members hence, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel submits that on the
3 basis of secret information received from an informer, Assistant Sub-Inspector Chandan Singh Netam of Police Station Lailunga conducted a raid on 08.03.2025 at the under-construction house of the applicant, Keshav Prasad Yadav, situated in village Sonajori, under Lailunga Police Station limits, and seized a total of 22 kilograms of ganja kept in two plastic bags, each weighing 11 kilograms, which is much above the commercial quantity. Accordingly, Crime No. 58/2025 was registered under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and investigation was taken up. During investigation, the accused were arrested, their memorandum statements recorded, and one Creta car bearing No. CG 15 EE 0343, one Beja car bearing No. OD 15 Q 2553, one white Venue car bearing No. OD 15 R 4047, four fake number plates, and seven mobile phones were seized. 5. Learned State counsel further submits that the nature of the offence indicates elements of organized crime, as multiple accused persons were found involved in the illegal trade and transportation of contraband ganja through different vehicles, using fake number plates and multiple mobile phones to evade detection. The recovery of 22 kilograms of ganja along with several vehicles and forged documents clearly suggests a coordinated and systematic activity carried out by a group of individuals, thereby reflecting an organized criminal operation rather than an isolated act. Hence, in view of the organized nature
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I have heard learned counsel for the parties and perused the material available on record. 7. Considering the overall facts and circumstances of the case, it is evident that a total of 22 kilograms of ganja has been seized from the spot, which is above the prescribed commercial quantity of 20 kilograms under the N.D.P.S. Act. The seizure of such a large quantity, along with multiple vehicles, fake number plates, and mobile phones, prima facie indicates an element of organized criminal activity and involvement in illicit trade. The offence alleged is serious in nature and affects the public interest at large, hence this court is of the view that it would not be justified to grant the benefit of bail to the applicant/accused. 8. Therefore, the bail application filed by the applicant/accused – Keshav Prasad Yadav involved in Crime No.58/2025, registered at Police Station- Lailunga, District- Raigarh (C.G.) for the offence punishable under Sections 20(b), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act) and Section 111 of the B.N.S, is rejected at this stage. 9. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 5
10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha)
Chief Justice Manpreet