1 2025:CGHC:52355 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8442 of 2025 Itwari Nagarachi S/o Gaur Singh Nagarachi Aged About 20 Years R/o Near Satyam Vihar Society, Kanchana, P.S. Khamhardih, District Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Purani Basti, District Raipur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Prahalad Panda, Advocate. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/10/2025 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. 406/2024 registered at Police Station Purani Basti, District Raipur (C.G.), for the offence punishable under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2 2. Case of the prosecution, in brief, is that on 30.09.2024, the Purani Basti Police Station, Raipur, received secret information regarding illegal possession and transportation of narcotic substances. Acting on the tip-off, the police reached the spot and, in compliance with the mandatory provisions of the NDPS Act, conducted a search and seizure operation. During the operation, the police recovered a total of 40 kilograms of cannabis (ganja) from the car Maruti Eco bearing Registration No. CG-04-PP-9834 in which the applicant and three other co-accused persons were travelling and found in carrying the same. After the seizure, the police registered Crime No. 406/2024 under Section 20(B) of the NDPS Act, and later filed a charge sheet under Section 20(C), as the recovered quantity falls within the commercial quantity category. Thereafter, the accused persons were arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case, having no nexus with the alleged incident. He further submits that the applicant has no criminal antecedent, so far as the status of trial is concerned, two seizure witnesses have turned hostile and the statement of two witnesses are yet to be recorded, out of them, one is the Investigating OfÏcer. The applicant is in jail since 30.09.2024 and 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 opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits 3 that the quantity of contraband article i.e. 40 Kgs of ganja recovered from the car Maruti Eco bearing Registration No. CG-04-PP-9834 in which the applicant and three other co-accused persons were travelling and found in carrying the same is much above the commercial quantity as notified under the NDPS Act and as such, the applicant is 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 submissions made by the learned counsel for the applicant, as two seizure witnesses have turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 7. From perusal of the records, it prima facie appears that the contraband article seized i.e. 40 kgs of Ganja is much above the commercial quantity as per the Schedule given under the NDPS Act and further noting that the applicant has failed to provide any satisfactory explanation regarding the alleged contraband article seized from the car Maruti Eco bearing Registration No. CG-04- PP-9834 in which the applicant and three other co-accused persons were travelling and found in carrying the same, which indicates prima facie involvement of the applicant along other co- accused persons in the illicit trafÏcking of narcotic substances. 8. In view of the seriousness of the offence, I do not find any good ground to entertain the present bail application. 4 9. Accordingly, the bail application of the applicant - Itwari Nagarachi, involved in Crime No. 406/2024 registered at Police Station Purani Basti, District Raipur (C.G.), for the offence punishable under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 10. So far as the status of trial is concerned, the statement of two witnesses are yet to be recorded, out of them, one is the Investigating OfÏcer. The Director General of Police (C.G.) is directed to ensure the presence of the Investigation Officer before the trial Court concerned on the next date fixed by the trial Court, failing which his salary should be stopped. 11. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of two months from the date of receipt of a certified copy of this order, if there is no legal impediment 12. The Registrar (Judicial) is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance and the State counsel is also directed to communicate this order to the Director General of Police (C.G.). - Sd/- (Ramesh Sinha) Chief Justice Akhil