1 2025:CGHC:59490 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10035 of 2025 Naresh Yadav S/o Mohan Yadav Aged About 35 Years R/o Village- Turvama, Pathalgaon Thana- Pathalgaon District- Jashpur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station- Lundra, District- Sarguja (C.G.) ... Non-applicant For Applicant : Mr. Sanjay Agrawal, Advocate For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.12.2025 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. 260/2024 registered at Police Station– Lundra, District- Sarguja (C.G.), for the offence punishable under Sections 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 15.11.2024, the police received secret information from an informant. Acting on this information, the police proceeded to the spot and observed a Creta RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 car bearing registration no. CG 13 AG 0995, carrying the present applicant along with co-accused Md. Sadam, coming from Pathalgaon. Another car, a Maruti Swift bearing registration no. CG 14 MS 0241, carrying co-accused Sanjay Patel and Prem Prakash, was also present near Village Silsila, and both vehicles were allegedly involved in dealing contraband. Subsequently, the police seized 20 kg of contraband from the Maruti Swift car and 17.360 kg of Ganja from the Creta car belonging to the present applicant and Md. Sadam. Thereafter, the Police has registered the offence punishable under Sections 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, as the allegations against him are false, baseless and malicious. It is argued that the applicant has not played any active role in the alleged offence; he is merely the driver of the Creta vehicle and not its owner, and had no knowledge of the contraband allegedly recovered from the co- accused. It is further submitted that no contraband was seized from the possession of the applicant, nor was he involved in manufacturing, purchasing, selling, importing, exporting or using any psychotropic substance. He has no criminal antecedents and is in judicial custody since 16.11.2024, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the present case involves a well- 3 organised illegal trade of contraband, wherein the applicants, along with other accused persons, were actively involved in transporting a large quantity of Ganja for commercial purposes. It is submitted that on receiving secret information, the police intercepted two vehicles operating in coordination for the purpose of trafÏcking contraband, and a total of 37.360 kilograms of Ganja was seized 20 kilograms from the Maruti Swift car and 17.360 kilograms from the Creta car in which the present applicant was travelling. The quantity seized clearly falls within the commercial quantity, attracting stringent provisions of the NDPS Act. It is further submitted that the manner in which both vehicles were moving together establishes a clear nexus between all accused persons and shows that the offence was part of an organised criminal activity. Considering the gravity of the offence, the commercial quantity involved, and the organised nature of the crime, the applicant does not deserve the benefit of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the submissions of learned counsel for the parties and upon perusal of the case diary, it appears that a substantial quantity of contraband 17.360 kg of Ganja from the Creta car and 20 kg from the Maruti Swift was seized in a coordinated manner from two vehicles allegedly acting in tandem, indicating organised and systematic illegal trafÏcking. The material collected during investigation prima facie shows the involvement of the present applicant along with other co-accused in an organised illegal trade of narcotic substances, which poses a serious threat to 4 society. Further, the quantity recovered falls within the commercial category, attracting the rigors of Section 37 of the NDPS Act, and no reasonable ground is made out to believe that the applicant is not guilty or that he will not commit such offence while on bail. Therefore, at this stage, this Court is not inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant – Naresh Yadav, involved in Crime No. 260/2024 registered at Police Station– Lundra, District- Sarguja (C.G.), for the offence punishable under Sections 20(C) 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 Rahul Dewangan