2025:CGHC:16912 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2561 of 2025 Sandeep Sahu S/o Jaipal Sahu, Aged About 21 Years Niwasi- Gram Khero, Sahu Para, Police Station Masturi District- Bilaspur C.G.

... Applicant versus State of Chhattisgarh Through- Police Station Sarkanda, District- Bilaspur Digitally PREETI signed by (C.G.)

KUMARI PREETI KUMARI ... Non-Applicant For Applicant : Mr. H.B.Agrawal, Senior Advocate assisted by Mr.

Sandeep Kumar Jain and Smt. A. Sandhya Rao, Advocate.

For Non-Applicant/State : Mr. U.K.S. Chandel, learned Deputy Advocate General and Mr. Nitansh Jaiswal, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

11.04.2025

1. Proceedings of this matter have been taken through video-conferencing.

2. This is the third bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 305/2024 registered at Police Station Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The earlier two bail applications of the applicant were dismissed by this Court on merits vide orders dated 28.06.2024 and 05.02.2025 in MCRC Nos. 3995/2024 and 912/2025.

4. According to the prosecution's story, on 07.03.2024, the trainee Additional Superintendent of Police from Sarkanda Police Station, Bilaspur, received a tip from an informant and arrived at the scene to set up a blockade. As an Artiga car approached, the ofÏcer attempted to stop it by signaling with his hand, but the driver sped away and crashed into a bridge before fleeing on foot. Upon searching the car, the police found illegal ganja (cannabis) hidden in two sacks, each containing 24 packets. After weighing the contents of each sack separately, the total weight of the substance was found to be approximately 50 kilograms (24 kg 664 grams in the first sack and 24 kg 374 grams in the second). An FIR was subsequently filed against the unknown accused under the NDPS Act.

5. Learned counsel for the applicant submits that this is third bail application. Earlier two bail applications of the applicant were dismissed by this Court on merits. He further submits that the charge-sheet which was presented by the Police before the trial Court on 20.05.2024, no FSL report was presented by the Police in that charge-sheet, due to which in the present case till date i.e. within the time limit of 180 days for presenting the charge-sheet in relation to commercial quantity in the NDPS Act, the complete charge-sheet has not been presented by the Police. In such a situation, under the above provision, the applicant become entitled to be released on default bail. He relies upon the judgment of the Ho’ble Supreme Court in the matter of Bablu Singh vs. The State of Madhya Pradesh, Special Leave to Appeal (Crl.)

No(s). 631/2024 decided on 05.08.2024.

6. Learned Senior Advocate for the applicant also relies upon the judgment of the Rajasthan High Court in the matter of Dheeraj Singh Parmar vs. State of Rajasthan, Criminal Miscellaneous Bail Application No. 164/2025 decided on 14.02.2025, and the judgment of the Punjab and Haryana High Court in the matter of Ajit Singh alias Jeeta and anr. vs. State of Punjab, Criminal Revision No. 4659/2015 decided on

30.11.2018.

7. On the other hand, learned Deputy Advocate General appearing for the State opposes the bail application and submits that the applicant along with other co-accused persons, was involved in trading contraband articles i.e. 49.038 Kgs of ganja, which are much above the commercial quantity. It is further submitted that on the last date of hearing i.e. on 02.04.2025, this Court has given the direction to the Director, Forensic Science, Raipur to file his personal afÏdavit giving the explanation as to why the FSL report had not been available to the trail Court due to which the trial is under progress, with regard to which