1 2025:CGHC:5626 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 850 of 2025 Ganga Sonkar S/o Gwal Sonkar Aged About 25 Years R/o Village Maheva, Post Hariharpur, Bedouli, P.S. Pandari, District Mirjapur U.P. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Arjuni District Dhamtari (Chhattisgarh) ... Non-Applicant(s) For Applicant(s) : Mr. Rajesh Jain, Advocate. For Non-Applicant(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/01/2025 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. 212/2024 registered at Police Station Arjuni District Dhamtari (C.G.), for the offence punishable under Section 20(b)(ii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 06.07.2024, the Police of Police Station Arjuni District Dhamtari (C.G.) received secret information received by the informant at the time of patrolling that two persons kept contraband articles in their bag looking for transposition the same, and on the basis of said information, the Police have seized 13.468 Kgs of Ganja from the possession of present applicant and 13.780 Kgs of Ganja from the possession of co-accused, thereafter, the offence has been registered against the applicant and co-accused. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 06.07.2024. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that the contraband article i.e. Ganja recovered from the possession of the present applicant is 13.468 Kgs, which is less than the commercial quantity, further seizure witnesses turned hostile 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 would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He would further submit that the quantity of contraband article i.e. total 27.248 kgs of Ganja recovered from the joint possession of the applicant and co-accused, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 3 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 article which has been seized from the joint possession of the applicant and co- accused is much above the commercial quantity, so far as seizure of contraband article from the present applicant is concerned, though 13.468 Kgs of Ganja has been seized from the possession of present applicant, which is less than the commercial quantity, but it is pertinent to note here that it is an organized crime and the applicant has failed to give explanation for the same, it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant-Ganga Sonkar, involved in Crime No. 212/2024 registered at Police Station Arjuni District Dhamtari (C.G.), for the offence punishable under Section 20(b)(ii)(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. - Sd/- (Ramesh Sinha) Chief Justice Akhil