1 2025:CGHC:55376 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9138 of 2025 Dilip Kumar @ Dilip Kumar Yadav S/o Nathuni Yadav Aged About 24 Years R/o Budhanpurwa, P.S. Kotwali, District - Baksar Bihar ... Applicant versus State Of Chhattisgarh Through P.S. Purur, District - Balod Chhattisgarh ... Non-applicant For Applicant : Mr. Hemant Gupta, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.11.2025 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. 112/2024 registered at Police Station – Balod District – Balod (C.G.), for the offence punishable under Sections 338, 336(3) & 340(2) of the BNS 2023 and Section 20(b) Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution case in brief is that on receive of a secret Information VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.14 11:31:52 +0530 2 from the informer, that one silver color Mahindra Bolero car baring registration no MP-04-BA-1911 carrying 2 passengers & contraband substance Ganja. Therefore, the police barricaded near Jagtara Durga Mandir on NH-30 at 7.30 hours & police stopped the car, further on the same day on 24-09-2024 the police have seized 74 Kg. of Ganja from the car. And thereby the alleged offence has been committed & the F.I.R. was registered as crime no 112/2024, Subsequently the applicant has been arrested for commission of the alleged offence. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case and has neither committed nor participated in any offence. The has one previous criminal record, he is a peace-loving citizen. That, the challan has already been filed by the police and the applicant has been in judicial custody since 24-09-2024 (for about 1 year and 1 month), and his continued incarceration would adversely affect his mental and social well-being. That, the applicant resides with his old-aged father and mother-in-law who have been left in a hand-to-mouth situation after his arrest. That, in a similar situation, the Hon’ble High Court in MCRC No. 3495/2023 granted bail where 110 kg of Ganja was seized; a copy of the order dated 21-06-2025 is annexed as Annexure A/3 for the kind perusal of this Hon’ble Court. That, the applicant is a permanent resident of the address mentioned in the cause title and there is no possibility of his absconding. That, the applicant is ready and willing to abide by any conditions that may be imposed by this Hon’ble Court, therefore, he prayed for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that in the present case, charge- sheet has yet been submitted before the competent Court. It is further 3 submitted that a huge quantity of contraband article i.e., 74 kgs. of ganja, was recovered from the applicant and co-accused person. This quantity far exceeds the commercial quantity prescribed under the NDPS Act. He also submits that the applicant has failed to provide any satisfactory explanation regarding the alleged contraband article i.e., 74 kgs. of ganja seized from the alleged vehicle. In view of the seriousness of the offence and the quantity involved, it is submitted that 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 overall facts and circumstances of the case, it is evident that the police, acting upon secret credible information, intercepted a silver Mahindra Bolero bearing registration No. MP-04- BA-1911 near Jagtara Durga Mandir on NH-30 on 24-09-2024 at about 7:30 hours, and during the search, 74 kilograms of Ganja was recovered from the said vehicle in which two persons were travelling. The nature and gravity of the offence, coupled with the fact that 74 kilograms of Ganja was seized from the joint possession of the applicant and the co-accused, which is above the commercial quantity as prescribed under the Schedule to the NDPS Act, and the failure of the applicant to furnish any satisfactory explanation regarding the contraband seized, clearly demonstrate that no ground for grant of bail exists. The seizure of such a substantial quantity prima facie indicates the involvement of the applicant in illicit trafficking of narcotic substances, which is a serious offence attracting the rigours of Section 37 of the NDPS Act. In view of the aforesaid, this Court is of the 4 considered opinion that the applicant does not deserve to be enlarged on bail at this stage. Accordingly, the bail application is rejected. 7. Accordingly, the bail application of the applicant – Dilip Kumar @ Dilip Kumar Yadav involved in Crime No. 112/2024 registered at Police Station – Balod District – Balod (C.G.), for the offence punishable under Sections 338, 336(3) & 340(2) of the BNS 2023 and Section 20(b) Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Vaibhav