1 2025:CGHC:5836 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 916 of 2025 Seeta Ram Gupta S/o Buddhu Lal Gupta Aged About 39 Years R/o Dhirol Patna, Thana Chachai, District Anuppur, Madhya Pradesh ... Applicant(s) versus State Of Chhattisgarh Through P.S. Baramkela District Sarangarh- Bilaigarh Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Rajesh Kumar Jain, Advocate. For Non-Applicant(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 35/2020, registered at Police Station Baramkela Tikrapara District Sarangarh-Bilaigarh (CG) for the offence punishable under Section 20(B) of Narcotic Drugs and AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Psychotropic Substance Act, 1985. 2. The prosecution story in brief, is that the accused, Sitaram Gupta, at the Baramkela Police Station in Sarguja district, Chhattisgarh, under Crime No.35/2020, Section 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The charge-sheet states that on March 15, 2020, during a vehicle check at the Paikin barrier, a white four-wheeler vehicle was coming from Dongripali, Odisha, and when the driver saw the police, he reversed the vehicle and sped away. The police chased the vehicle, and the driver abandoned it in the Dhauradraha forest. Suspecting that the vehicle was carrying ganja, a narcotic substance, the police took action under the NDPS Act and seized a white Mahindra KUV 100 vehicle without a number plate, with engine number MA1VA2RBCG6E9022 and chassis number RBGZE26741. The vehicle had 25 packets of ganja in the back seat and 20 packets in the boot, totaling 45 packets weighing 90 kilograms, all wrapped in brown plastic tape. The vehicle was seized, and a case was registered against the accused driver under aforesaid section. Hence the bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 02.12.2024. He would further submit that applicant has been arrested after four years from the incident, only on the basis of statement given by the owner of the vehicle that the vehicle in 3 question was taken by the applicant on the date of incident. He would also submit that none of the police personnel have identified that the contraband article i.e. 90 Kgs of Ganja, found in the abandoned vehicle, was left behind by the applicant. The applicant is in jail since 02.12.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the case pertains to the year 2020, as the incident had taken place on 15.03.2020 and the applicant who was driving the vehicle after seeing the Police Check Post, left the vehicle in an abandoned place and fled away, during the course of investigation, it was found from the statement of owner of the vehicle that it was applicant, who had taken away the vehicle on the date of incident from which contraband article i.e. 90 Kgs of Ganja has been recovered, which is much above the commercial quantity, therefore, the applicant is not entitled for grant of bail. 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 case pertains to the year 2020, as the incident occured on 15.03.2020 and the applicant was arrested after four years from the date of incident, there is every likelihood that the applicant may abscond again, 4 which would hamper the trial. 7. Accordingly, the bail application of the applicant-Seeta Ram Gupta, involved in Crime No. 35/2020, registered at Police Station Baramkela Tikrapara District Sarangarh-Bilaigarh (CG) for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substance 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