Man Accused Of Guiding Bolero Carrying 4.108 Kg Ganja Gets Anticipatory Bail From Chhattisgarh HC

Police received information that a Bolero was transporting ganja from Odisha towards Uttar Pradesh and established a blockade near Rudukela Square, Lailunga. The applicant was seen on a motorcycle and fell; police took him to hospital. A Bolero stopped nearby was searched, and 4.108 kg of ganja was allegedly seized.

The crime was registered against the Bolero’s occupants under Section 20(B) of the NDPS Act. The applicant apprehended arrest after his alleged role as a pilot was reported; the State said the allegation arose from a co-accused’s memorandum statement that the applicant had been paid to guide them. The applicant sought anticipatory bail under Section 482 of the BNSS, asserting that he was implicated only on that statement and had no criminal antecedents.

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the procedural basis for seeking anticipatory bail.

The alleged offence was under Section 20(B) of the NDPS Act. The order cites no precedent or additional legal test; it records that the Court considered the facts and circumstances, the nature of the allegation, and the parties’ submissions in deciding whether to grant relief.

The Court considered the State’s account that the applicant’s alleged involvement rested on the co-accused’s memorandum statement, which stated that the co-accused had paid him to guide them towards Chhattisgarh.

The State did not dispute that the applicant had no other criminal antecedents. Taking these circumstances, the nature of the allegation, and the parties’ submissions into account, the Court found it appropriate to grant anticipatory bail, without expressing any opinion on the merits.

The applicant must be available for interrogation when required, must not influence persons acquainted with the facts or prejudice a fair trial, and must appear before the trial Court on every date fixed until disposal of the trial.