1 2025:CGHC:5305 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 787 of 2025 Chandrabhan Singh @ Kalla S/o Bhupar Singh, Aged About 30 Years, R/o Village Jugaha, Police Station - Abula, District - Shivpuri (M.P.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police of Police Station Borai, District – Dhamtari, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No.18/2023, registered at Police Station –Borai, District – Dhamtari (C.G.) for the offences punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that on 24.11.2023, the Police of Police PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.30 11:12:45 +0530 2 Station - Borai (C.G.) have checking the vehicle at Barrier and during the checking of the vehicle, a truck was coming from the side of Odisha, in which two persons were travelling and from the truck, total 80 Kgs contraband Ganja has been seized and the applicant with other co- accused persons i.e. Yashwant Sahu @ Manish has been arrested for the commission of alleged offence. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that there are 13 witnesses cited by the prosecution and out of 13 witnesses, till date only 05 witnesses have been examined including the witnesses of search and seized i.e. PW-1 Ravindra Kumar Samarth and PW-3 Tuleshwar Samarth and both these witnesses have been turned hostile. He further submitted that the charge-sheet has been filed and the applicant is languishing in jail since 24.11.2023 and almost more than a year elapsed and till date the trial has not been concluded by the prosecution, so looking to the long detention of the applicant, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that total 80 Kgs of contraband Ganja has been seized from the applicant with other co-accused persons i.e. Yashwant Sahu @ Manish, which is much above the commercial quantity. It is further submitted that the charge-sheet has been filed in this case. Hence, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that the quantity of contraband article 3 seized from the possession of the applicant i.e. 80 Kgs of Ganja, is much above the commercial quantity and the applicant is failed to give any explanation for the same and it could not be a case of false implication, the charge-sheet has been filed in this case, further there are total 13 proseuction witnesses, out of which 05 witnesses have been examined and the trial is in progress, hence, the bail application of applicant – Chandrabhan Singh @ Kalla involved in Crime No.18/2023, registered at Police Station –Borai, District – Dhamtari (C.G.) for the offences punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 7. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same expeditiously. 8. The OfÏce is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti