The quantity of seized contraband exceeded commercial limits, justifying bail rejection.

Order on Board

11.07.2025

1. The applicants have preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as they have been arrested in connection with Crime No.112/2024, registered at Police Station Khallari District - Mahasamund (C.G.) for the offences punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act).

2. The prosecution story in brief, is that, on 06-12-2024, on the basis of secret information the police stopped and checked the black pulsar, motor cycle bearing the registration No. OD26B2760 in which the police seized 29.090 kg ganja from the possession of the applicants and they were arrested from the spot. Thereafter FIR was registered against them, bearing Crime No. 112/2024 dated 06-12-2024 at Police Station Khallari, District Mahasamund (C.G.) under Section 20 (b) of the NDPS Act. After investigation charge-sheet has been filed.

3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He further submits that seizure witness have not supported the prosecution case and turned hostile, copy of the court statement of the witnesses annexed with the bail application. Also, the 'Bail is rule, jail is an exception' is a legal principal that was laid down by the Hon'ble Supreme Court in a landmark judgment of State of Rajasthan v. Balchand alias Baliya in 1978. The judgment was based upon several rights that have been guaranteed by the Constitution of India with Article 21 being the most important one. Therefore, ground for rejection of bail should not be a mere reason of increasing crimes in society. He lastly submits that the applicants are in jail since 06.12.2024, though the charge-sheet has been filed but it may take some time to conclude the trial, therefore, he prays for grant of bail.

4. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 29.090 KG Ganja has been seized from the possession of the applicants, which is much more than the commercial quantity the commercial quantity of Ganja is 20 kg. Further, bail application of the co-accused has already been rejected by this Court in MCRC No.2474/2025 and the case of the present is identical to that of the co-accused.

Hence, his bail application is liable to be dismissed.