1 2025:CGHC:9165 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1489 of 2025 1 - Ramnivas Mina S/o Harinaryan Mina Aged About 33 Years R/o Village Pipalya, Post Gavari, Thana- Raghabgarh District- Guna (M.P.) 2 - Shiv Kumar Mina S/o Aasharam Mina Aged About 23 Years R/o Village Bhanpura, Post Konyakala, Thana- Chachauda, District- Guna (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Singhoda, District- Mahasamund (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Vikas Pradhan, Advocate. For Non-Applicant(s) : Mr. S.S. Baghel, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/02/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 97/2024 registered at Police Station Singhoda, District- Mahasamund (C.G.), for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 31.08.2024, as per secret information received by the informant, the Police of Police Station Singhoda, District- Mahasamund (C.G.) found the applicant in possession of 80 Kgs of Ganja, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case and they are in jail since 31.08.2024. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that the samples of contraband articles have to be separately drawn/taken from each packages and sent to FSL for its chemical examination which has not been done, further the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicants on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He would further submit that the quantity of contraband article i.e. 80 Kgs of Ganja recovered from the possession of the applicants, which is much above the commercial quantity and 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. 3 6. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicants is much above the commercial quantity, further the applicants have failed to give explanation for the same and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicants-Ramnivas Mina and Shiv Kumar Mina, involved in Crime No. 97/2024 registered at Police Station Singhoda, District- Mahasamund (C.G.), for the offence punishable under Section 20(b) 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. - Sd/- (Ramesh Sinha) Chief Justice Akhil