1 2025:CGHC:5834 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 909 of 2025 Shailendra S/o Dinesh Aged About 31 Years R/o Village Andapur, P.S. Maholi, District Sitapur, U.P. ... Applicant versus State of Chhattisgarh Through SHO PS Devbhog, District Gariyaband, C.G. ... Non-Applicant For Applicant : Mr. Ankur Diwan, Advocate. For Non-Applicant : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.01.2025 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. 356/2024 registered at Police Station – Devbhog, District – Gariyaband (C.G.), for the offence punishable under Section 20-b(ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police Station – Devbhog, District – Gariyaband (C.G.), had received secret information from the informant and on the basis of the said RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.03 10:58:54 +0530 2 information conducted a raid and seized total 33.7 Kgs contraband article Ganja from the joint possession of the present applicant and co-accused persons. Thereafter, the Police has registered the offence punishable under Section 20-B(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article was not recovered from the joint possession of the present applicant and no any contraband article has been seized from the applicant. He also submits that the present applicant has no previous criminal antecedents. He further submits that the present applicant is in jail since 08.11.2024 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 of the present applicant and submits that the quantity of contraband article i.e. 33.7 Kgs Ganja, was recovered from the joint possession of the present applicant, which is much above the commercial quantity and as such, 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 facts and circumstances of the case and further the fact that the contraband article i.e. 33.7 Kgs Ganja which has been seized from the joint possession of the present applicant, is much 3 above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Shailendra, involved in Crime No. 356/2024 registered at Police Station – Devbhog, District – Gariyaband (C.G.), for the offence punishable under Section 20-b(ii)(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