1 2025:CGHC:8929 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1440 of 2025 Lakhanram Nag S/o Sonsingh Nag Aged About 26 Years Caste Halba, R/o Chalki Para Halbaras Thana Kukanaar Distt.- Dantewada C.G. ... Applicant(s) versus State Of Chhattisgarh Through P.S. - Kukanaar Distt.- Dantewada C.G. ... Non-Applicant(s) For Applicant(s) : Mr. Vikas A. Shrivastava, Advocate. For Non-Applicant(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/02/2025 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 applicant who has been arrested in connection with Crime No. 20/2024 registered at Police Station Kukanaar Distt.- Dantewada (C.G.), for the offence punishable under Section 20(b)(ii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 16.10.2024, the Police of Police Station Kukanaar Distt.- Dantewada (C.G.) received secret AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 information from the informant that one person coming from Malkhangiri Odisha through Scooty bearing registration No.CG-18- R-1930 carrying unlawful possession of Ganja, on the basis of said information, the Police have found the applicant in possession of 18.020 Kgs of Ganja, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicant intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 Kgs and from the possession of the applicant only 18.020 Kgs Ganja has been seized. He later submits that the applicant has no criminal antecedent and he is in jail since 16.10.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, 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 and submits that the applicant has no criminal antecedent. She further submits that from the possession of the 3 applicant contraband article i.e. 18.020 Kgs of Ganja is seized, therefore, he 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 though the contraband article, which has been recovered from the possession of the applicant i.e. 18.020 Kgs of Ganja is less than the commercial quantity and the applicant also has no criminal antecedent, but the applicant has failed to give explanation for the said recovery, further it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant-Lakhanram Nag, involved in Crime No. 20/2024 registered at Police Station Kukanaar Distt.- Dantewada (C.G.), for the offence punishable under Section 20(b)(ii)(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