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Judgment
The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 03/2026 registered at Police Station Komakhan, District Mahasamund (C.G.) for the offence punishable under Sections 20(B)(ii)(c) and 29 of the NDPS Act and Sections 338, 336(3) and 340(2) of BNS Act.
Case of the prosecution, in brief, is that after receiving secret information about transporting Ganja in Ambulance of Force Travelerers bearing no. OD 02 AX 5501, the raid was performed and total 530 Kilogram contraband i.e. Ganja was seized/recovered from the possession of the co-accused persons namely Sagar Vagh, Sanjay Ahire and Sushil Dabhade and they were also having forge number plates with them and, thereafter, during the course of investigation, the name of the present applicant also came into light and consequently, he was arrested and aforesaid offences were registered against him.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that applicant has not played any active role as he is not the driver or owner of the alleged vehicle involved in manufacturing, purchasing, selling, importing, exporting or using any psychotropic substance. He also importing, exporting accused on the basis of memorandum statement of co-accused. He later submits that the applicant has no criminal antecedent and he is in jail since 14/03/2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.
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. He further submits that the applicant and other co-accused persons are involved in illegal sale and purchase of contraband (Ganja) and, even otherwise, the contraband article (ganja), which has been seized in the present case is around 520 Kg which is more than commercial quantity, therefore, the applicant is not entitled for grant of bail. He also submits that the bail application filed by the co-accused Kunal Ramdas Sonwane has already been rejected by this Court vide order dated 09/07/2026 passed in MCRC/5034/2026.
I have heard learned counsel appearing for the parties and perused the case diary.
Having considered the facts and circumstances of the case, nature and gravity of the offence, particularly considering that the quantity of ganja seized from co-accused persons i.e. 520 kgs is way more than commercial quantity and further considering the role attributed to the present applicant and looking to the fact that the bail application of co-accused Kunal Ramdas Sonwane has already been rejected by this Court vide order dated 09/07/2026 passed in MCRC/5034/2026, I am not inclined to release the applicant on bail.
Accordingly, the bail application of the applicant- Balram Sahoo, involved in Crime No.03/2026 registered at Police Station Komakhan Distt. Mahasamund (C.G.), for the offence punishable under Sections 20(B)(ii)(c) & 29 of the NDPS Act and Sections 338, 336(3) & 340(2) of BNS is hereby rejected.