1 2025:CGHC:59702 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10075 of 2025 Sunil Harijan (Tandi) S/o Karan Harijan Aged About 18 Years R/o Narla Road Tulagaon P.S. Narla District- Kalahandi (Odisha) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer P.S. Sargaon, District- Mungeli (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sanskar Rajput, Advocate. For Respondent(s) : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/12/2025 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. 53/2025 registered at Police Station Sargaon, District- Mungeli (C.G.), for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 21.05.2025, Sub- Inspector Santosh Kumar Sharma of Police Station Sargaon received confidential information that four persons were transporting illegal ganja in a white Dzire car (CG 11 BK 8355) towards Mungeli–Janjgir. Acting on the tip-off, the police conducted a raid, intercepted the vehicle, and found four accused persons inside, Virendra Yadav, Monu Kushwaha, Mahendra Kshatri, and Shriram Kurre. They were informed of their rights under Section 50 NDPS Act, and during the search, a total of 45 kg of ganja (commercial quantity) was recovered from their joint possession. After completing the investigation, the police filed the charge sheet for the offence under Section 20(b) NDPS Act, involving commercial quantity of ganja. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 07.06.2025. He further submits that the present applicant has been arrested due to mistaken identity, the real accused named in the police documents is Sunil Harijan, whereas the applicant is not the person referred to in the said records. Without conducting proper verification or background checking, the police apprehended the applicant, who is an entirely different individual. 3 He also submits that all the seizure of contraband article has been made from the co-accused persons, only on the basis of memorandum statement of co-accused persons, present applicant has been implicated in the crime in question. Moreover, the mandatory provisions with regard to search and seizure were not complied with in this case 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 that the quantity of contraband article seized from the joint possession of co-accused person, Virendra Yadav, Monu Kushwaha, Mahendra Kshatri, and Shriram Kurre i.e. 45 Kgs of ganja is much above the commercial quantity as notified under the NDPS Act and during interrogation, accused Virendra Yadav disclosed that the ganja was procured from Odisha through one Sunil Harijan (Tandi) (present applicant), accused, Monu Kushwaha also mentioned the name of present applicant in his memorandum statement, based on said disclosure, Sunil Harijan was apprehended, and he also admitted in his memorandum statement that he, along with his associate, had supplied ganja to the arrested accused. Moreover, the bail application of one of the co-accused persons, namely, Monu Kushwaha has already been rejected by this Court vide order dated 24.11.2025 in MCRC 4 No.9517 of 2025, therefore, 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. From perusal of the case diary, it transpires that the contraband articles i.e. 45 Kg of ganja recovered from the joint possession of co-accused persons, namely, Virendra Yadav, Monu Kushwaha, Mahendra Kshatri, and Shriram Kurre is much above the prescribed commercial quantity, and during interrogation, accused Virendra Yadav disclosed that the ganja was procured from Odisha through one Sunil Harijan (Tandi) (present applicant), accused, Monu Kushwaha also mentioned the name of present applicant in his memorandum statement, based on said disclosure, Sunil Harijan was apprehended, and he also admitted in his memorandum statement that he along with his associate, had supplied ganja to the arrested accused, further considering the fact that it is an organized crime and bail application of one of the co-accused, Monu Kushwaha has already been rejected by this Court vide order dated 24.11.2025 in MCRC No.9517 of 2025, as such, it cannot be a case of false implication, particularly when the trial is in progress. 7. Accordingly, the bail application of the applicant - Sunil Harijan (Tandi), involved in Crime No. 53/2025 registered at Police Station Sargaon, District- Mungeli (C.G.), for the offence 5 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. Office 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