1 2025:CGHC:57008 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9517 of 2025 Monu Kushwaha S/o Sariram Kushwaha Aged About 32 Years R/o Lahar Police Station, Dist. Bhind, Present Address Near Kachehri Chowk, Police Station Janjgir, Dist Janjgir-Champa C.G ... Applicant versus State Of Chhattisgarh Through Police Station Sargaon, Dist. Mungeli C.G. ... Non-applicant For Applicant : Ms. Indrapreet Kaur Chhabra, Advocate. For Non-applicant/State : Mr. S.S. Ubeja Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.11.2025 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. 53/2025 registered at Police Station – Sargaon Police Station District – Mungeli (C.G.), for the offence punishable under Section 20(b) Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story in brief is that the Sub-Inspector Santosh Kumar VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.25 14:45:50 +0530 2 Sharma of Police Station Sargaon, on 21.05.2025, received information through an informer that a white colour Dzire car bearing registration number CG11 B.K. 8355, containing four persons, was transporting illegal narcotic substance (ganja) from Baloda Bazar towards Mungeli and Janjgir side. S.D.O.P. Mungeli, and along with the patrolling vehicle with accompanying staff and witnesses, they reached the spot, and upon laying a blockade, the said Dzire vehicle was seen coming on the main road near Chandranagri Rest House. After stopping the said car, it was seen that four persons were sitting in the said car, and upon asking their names, they told their names as Monu Kushwah, Virendra Yadav, Mahendra Kshatri, and Shriram Kurre. Upon searching the accused persons in the presence of witnesses, from the possession of accused Virendra Kumar Yadav, 09 packets wrapped with brown tape were found, each containing 2-2 kilograms, totalling 18.00 kilograms of narcotic substance ganja. From the possession of accused Mahendra Kshatri, a total of 07.00 kilograms of narcotic substance ganja was found. From the possession of accused Shriram Kurre, in 04 packets wrapped with brown tape, each containing 2-2 kilograms, a total of 8.00 kilograms of narcotic substance ganja was found. And from the possession of applicant/accused Monu Kushwaha, a total of 12.00 kilograms of narcotic substance ganja was found. Total of 45.00 kilograms of narcotic substance ganja, was seized from their joint possession, and against them Crime No. 53/2025 was registered under Section 20(b) of the NDPS Act, and on dated 21.05.2025 applicant was arrested. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case 3 and has neither committed nor participated in any offence. as per the seizure report prepared by the Police, only 12 kilograms of ganja was allegedly seized from his possession along with a Swift Dzire car bearing registration No. CG 11 BK 8355 and a mobile phone, which quantity is below the commercial quantity under the NDPS Act. The applicant has been in jail for the last six months, and there is no credible evidence or material on record to substantiate the allegations levelled against him. The applicant has been falsely implicated in the present case, therefore, she 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 submitted that a huge quantity of contraband article i.e., 45 kgs. of ganja, was recovered from the applicant and co-accused persons. 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., 45 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 revealed that the police, acting upon secret and credible information, intercepted a Swift Dzire car bearing registration No. CG 11 BK 8355, 4 and upon search, 45 kilograms of ganja was recovered from the said vehicle in which four persons were travelling. The nature and gravity of the offence, coupled with the recovery of 45 kilograms of ganja from the joint possession of the applicant and the co-accused, which exceeds the commercial quantity prescribed under the Schedule to the NDPS Act, and the failure of the applicant to furnish any satisfactory explanation regarding the seized contraband, prima facie indicate the applicant’s involvement in the illicit trafficking of narcotic substances. The seizure of such a substantial quantity attracts the statutory restrictions under Section 37 of the NDPS Act. In view of the aforesaid, this Court is of the considered opinion that the applicant is not entitled to be enlarged on bail at this stage. Accordingly, the bail application stands rejected. 7. Accordingly, the bail application of the applicant – Monu Kushwaha involved in Crime No. 53/2025 registered at Police Station – Sargaon Police Station District – Mungeli (C.G.), for the offence punishable under Section 20(b) Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. - Sd/- (Ramesh Sinha) Chief Justice vaibhav