1 2025:CGHC:9169 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1502 of 2025 1. Segam Sai Kumar S/o Segam Raju Aged About 23 Years R/o Indira Colony Motu, P.S. Motu District- Malkangiri (Orissa). 2. Mentula Vinay S/o Mentul Lakshminaryan Aged About 18 Years R/o Indira Colony Motu P.S. Motu District- Malkangiri (Orissa ). ... Applicants versus State of Chhattisgarh Through - P.S. Konta, District - Sukma (C.G.). ... Non-Applicant For Applicants : Mr. Mayank Mulchandani, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. 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. 34/24 registered at Police Station Konta, Distt.- Sukma (C.G.), for the offence punishable under Section 20(b) (ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.22 12:28:16 +0530 2 2. The prosecution's case, in brief, is that on 02.11.2024, the police at Konta Police Station, Sukma District, Chhattisgarh, received secret information that two individuals from Odisha were traveling to Telangana. Acting on this tip, the police intercepted an auto, and 16.680 kilograms of ganja were seized from the applicants' joint possession. Subsequently, an offense was registered against the applicants. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicants. 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 applicants 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 applicants only 16.680 Kgs Ganja has been seized. He later submits that the applicants have no criminal antecedents and they are in jail since 09.11.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 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 applicants have no criminal 3 antecedent. She further submits that from the joint possession of the applicants contraband article i.e. 16.680 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 joint possession of the applicants i.e. 16.680 Kgs of Ganja is less than the commercial quantity and the applicants also have no criminal antecedents, but the applicants have failed to give explanation for the said recovery, further it cannot be a case of false implication. 7. Accordingly, the bail application of the applicants - Segam Sai Kumar and Mentula Vinay, involved in Crime No. 34/24 registered at Police Station Konta, Distt.- Sukma (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 Abhishek