1 2025:CGHC:8952 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7012 of 2024 Arun Kumar Chandra S/o Shri Babulal Chandra, Aged About 35 Years R/ o Village-Achritpali, Tehsil Malkharouda, District Sakti, Chhattisgarh. --- Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Gaurela, District-Gaurela-Pendra-Marwahi (C.G.) --- Non-applicant For Applicant : Mr. T.K. Jha, Advocate For Non-Applicant : Mr. U.K.S. Chandel, Deputy A.G. Along with MCRC No. 1329 of 2025 Anuj Adile S/o Banshiram Aged About 30 Years R/o Village, Basin Police Station Dabhara, District Sakti, Chhattisgarh. --- Applicant Versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Gourela, District Gourela-Pendra-Marwahi, Chhattisgarh. --- Non-applicant Along with MCRC No. 1313 of 2025 Uttara Khute S/o Dorilal Aged About 36 Years R/o Village Marghti, Police Station Hasoud, District Sakti, Chhattisgarh. --- Applicant Versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Gourela, District Gourela-Pendra-Marwahi, Chhattisgarh. --- Non-Applicant For Applicant : Mr. Basant Kaiwartya, Advocate. For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.02.2025 1. These are the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 297/2024 registered at Police Station – Gourela, District Gourela-Pendra-Marwahi, (C.G.), for the offence punishable under Sections 20(B), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 02.09.2024, based on information from an informer, the applicants along with their co- accused Uday Chauhan, were apprehended with narcotics in vehicle number MP 18 BB 2530 near the Harratola main road culvert turn. Upon interrogation and search by the police, 160 kg of ganja was recovered from their joint possession. During questioning, the accused stated that Anuj Adile, Uttara alias Shahil Khunte, and Arun Chandra had loaded the ganja into a Brezza car (CG 13 UJ 4981) and transported it to Bilaspur while piloting the vehicle. At Bilaspur, Sajan Chaudhary got down and stayed with them. The accused further disclosed that the ganja was being transported to Anuppur via Orissa, Jagdalpur, Bilaspur, and Gaurela. Based on their memorandum statements, the accused were arrested for their involvement in the transportation of ganja. Subsequently, a case was registered under Sections 20B and 29 of the NDPS Act, and the applicants were arrested in connection with the offence. 3 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case and the alleged contraband article was not recovered from the physical possession of the present applicants. He further submits that though the applicants are alleged to have been patrolling along with the co- accused persons who were following the vehicle carrying the contraband article, i.e., 160 kg of Ganja, it is argued that the applicants were arrested on 03.09.2024. It is further submitted that the vehicle in question, which was seized from them, was duly reported to the concerned Magistrate. Additionally, the seizure memo prepared on 27.01.2025 shows that the vehicle in question was recovered from Raju Sirdhar, the owner of the said vehicle. He also submits that the present applicants have no any previous criminal antecedents and applicants are in jail since 03.09.2024 and 02.09.2024 respectively, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that however, the case diary contains evidence showing that the applicants were traveling in the said vehicle, which was following the co-accused who were carrying the said contraband article. It is further stated that videographic evidence has also been recorded, and information regarding the incident was communicated to the investigating ofÏcer and the concerned Magistrate on 03.09.2024. The claim that the vehicle was seized from its owner, Raju Sirdhar, 4 on 27.01.2025, is incorrect, as the vehicle indeed belonged to him, and relevant documents were obtained from him. The discrepancy in the seizure memo dated 27.01.2025 appears to be an inadvertent mistake. However, the applicants actively participated in the crime and were following the vehicle carrying the said contraband article, which is much above the commercial quantity, their involvement in this organized crime is evident, as such, the applicants are 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 applicants actively participated in the crime and were following the vehicle carrying the said contraband article, which is much above the commercial quantity, their involvement in this organized crime is evident, 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 applications of the applicants – Arun Kumar Chandra, Anuj Adile and Uttara Khute, involved in Crime No. 297/2024 registered at Police Station – Gourela, District Gourela- Pendra-Marwahi, (C.G.), for the offence punishable under Sections 20(B), 29 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. 5 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