1 2025:CGHC:54169 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8818 of 2025 Mohan Singh Koshley @ Rakesh S/o Chaindas Koshley Aged About 40 Years R/o Chhadiya, Police Station Kharora, Raipur, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Kharora, Raipur, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Manoj Paranjpe, Senior Advocate assisted by Mr. Kabeer Kalwani, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.11.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 308/2025 registered at Police Station – Kharora, District – Raipur (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the case of the prosecution, on 20.05.2025, information was received by the police through an informer that one Mohan Singh Koshley @ Rakesh, resident of Village Chhadiya, had concealed a large quantity ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.07 14:48:06 +0530 2 of Ganja packed in separate packets, which had been buried in a pit situated in a barren land adjacent to his house, for the purpose of sale. Acting upon the said information, the police ofÏcials constituted a team comprising police personnel and independent witnesses, and proceeded towards Village Chhadiya along with the investigation kit containing a laptop, printer, and other necessary materials. Upon reaching near the location as informed by the informer, one person, on noticing the police, appeared to be frightened and attempted to flee from the spot. On being apprehended, he disclosed his identity as Mohan Singh Koshley (the present applicant). No contraband substance was found in the personal possession of the applicant at the time of his apprehension. That thereafter, upon further search and investigation of the nearby area, two white-coloured sack bags were recovered from a pit in the barren land situated adjacent to the house of the applicant. Upon examination, the said bags were found to contain a contraband substance, namely Ganja, packed in several packets. The details of the seizure are as follows: Bag No. 1: 15 packets weighing 15.448 kilograms, Bag No. 2: 12 packets weighing 12.446 kilograms. Thus, in total, 27 packets of Ganja weighing 27.894 kilograms were seized from the said location. Thereafter, an F.I.R. was lodged against the present applicant in connection with the said recovery. 3. Mr. Paranjpe, Senior Advocate appearing for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article i.e. 27.894 kgs of ganja was not seized from the possession of the present applicant. He also submits that the present applicant has no criminal antecedents and he is in jail since 20.05.2025, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 3 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of the contraband article, i.e., 27.894 kilograms of Ganja, was buried by the applicant in a pit situated on barren land adjacent to his house for the purpose of sale, which is much above the commercial quantity, and 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. Considering the facts and circumstances of the case and further the fact that the quantity of the contraband article, i.e., 27.894 kilograms of Ganja, was buried by the applicant in a pit situated on barren land adjacent to his house for the purpose of sale, which is much above the commercial quantity and the applicant has failed to give any explanation for the same and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Mohan Singh Koshley @ Rakesh, involved in Crime No. 308/2025 registered at Police Station – Kharora, 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek