1 2025:CGHC:4715 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 724 of 2025 Arun Mishra S/o Tulsi Mishra Aged About 23 Years R/o Tadharikala, Supreme Testmark Colony, P.S. Kangalwal, District Ludhiyana Punjab ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Ganj Raipur, District Raipur (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. C.R. Sahu, Advocate. For Non-Applicant(s) : Mr. S.S. Baghel, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/01/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 189/2024 registered at Police Station, Ganj Raipur, District Raipur (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police Station Ganj Raipur, District Raipur (C.G.) received secret information AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 from the informant that some unknown persons kept contraband articles i.e. Ganja for selling purpose and on the basis of said information, the Police have seized total 39.500 Kgs of Ganja from the place of incident near Railway Station Gate No.1, Raipur, thereafter, prepared seizure memo and arrested the accused persons. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 23.04.2024. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that from the possession of applicant intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 Kgs and from the possession of the applicant only 11 Kgs Ganja has been seized, further the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He would further submit that the quantity of contraband article seized from the joint possession of applicant and other two co-accused persons i.e. 39.500 Kgs Ganja, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that the applicant alongwith other two co-accused persons, who are from Odisha and Uttar Pradesh are involved in the present case, though the contraband article i.e. Ganja seized from the possession of the applicant is 11 Kgs, but it is an organized crime and from the joint possession of applicant and other co-accused persons 39.500 Kgs of Ganja has been recovered, which is much above the commercial quantity, further the applicant has failed to give explanation for the same and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant-Arun Mishra, involved in Crime No. 189/2024 registered at Police Station Ganj Raipur, District Raipur (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil