1 2026:CGHC:7667 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.1502 of 2026 Manish Chaudhry S/o Shri Rajuram, Aged About 24 Years R/o Firoz P.S. Mundwa, District- Nagaur (Rajasthan) ... Applicant versus State Of Chhattisgarh Through Police Station City Kotwali, District- Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Direndra Prasad Mishra, Advocate. For Non-Applicant/State : Ms. Smiti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.02.2026 1. This is the 2nd bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the Applicant who has been arrested in connection with Crime No.346/2023 registered at Police Station – City Kotwali, District- Raigarh (C.G.), for the offence under Section SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.12 19:35:09 +0530 2 20(b) of the NDPS Act. The earlier application was rejected vide order dated 17.04.2025 passed in M.Cr.C No.2949/2025. 2. According to prosecution case, on 07.05.2023, Sub-Inspector Kamal Kishore Patel, Police Station City Kotwali, Raigarh, received information from an informant that two persons were transporting ganja in a grey-coloured car bearing registration No. CG-11-E-0658 from Odisha towards Raigarh for sale. Acting on the information, a blockade was arranged near Deendayal Apartment Chowk, Raigarh, in the presence of witnesses Abhishek Patel and Umesh Vaishnav and other police personnel. The present Applicant was driving the car and Sunita Chhaba, aged 44, resident of Raigarh, as pillion rider, were intercepted. Upon being informed of the allegations, both gave written consent for search under Section 50 of the NDPS Act. A search of the vehicle revealed 08 packets of ganja-like substance, hidden in two white plastic bags inside the trunk, weighing approximately 40 kilograms in total. The recovery was effected in the presence of the accused and witnesses, with identification of the substance through smell, taste, crushing, and burning. The electronic weighing scale was verified and found correct. Seizure and panchnama formalities were completed on the spot and the recovered goods along with the accused were 3 brought to the police station. During the course of investigation, sufficient evidence was collected under Section 20(B) of the NDPS Act, following which the accused Applicant was placed under judicial custody. Hence this application. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case by the police. It is further submitted that the prosecution has failed to comply with the mandatory provisions of the NDPS Act. Mohammad Saddam Malik, P.W.-1, the weigher of the electronic scale and Umesh Vaishnav, P.W.-2, the independent memorandum and seizure witness, have not supported the prosecution case and have turned hostile. It is also submitted that till date, only three out of eighteen prosecution witnesses have been examined and therefore, the trial is likely to take considerable time for its conclusion before the trial court. Learned Counsel further submits that the Applicant has been in judicial custody since 08.05.2023, having already undergone more than two years and eight months of incarceration. It is also submitted that the police have not conducted a proper investigation to implicate the Applicant in connection with the alleged offence, therefore, he may be granted regular bail. 4. On the other hand, opposing the prayer for regular bail, 4 learned counsel for the State submits that the allegations against the Applicant are serious, involving recovery of a substantial quantity of ganja, approximately 40 kilograms, from his possession along with another accused. It is further submitted that the investigation is still ongoing and several important aspects of the case, including the identification of co-accused and collection of corroborative evidence, are yet to be completed. Custodial interrogation of the Applicant is, therefore, necessary to enable effective investigation. Learned counsel for the State also submits that only a few prosecution witnesses have been examined so far and premature release of the Applicant may obstruct or delay the investigation and trial proceedings. Considering the gravity of the offence, the quantity of narcotic substance involved and the potential impact on public safety, it is submitted that the Applicant is not entitled to bail at this stage. Accordingly, it is prayed that the application for regular bail may be rejected and the Applicant be directed to remain in judicial custody pending further investigation and trial. 5. Upon perusal of the case diary and the material on record, this Court observes that the allegations against the Applicant are grave, involving the recovery of approximately 40 kilograms of ganja from the joint possession of the Applicant 5 and a co-accused. The offence falls under the provisions of the NDPS Act, which carries significant statutory consequences and is required to be dealt with strictly in accordance with law. The recovered narcotic substance, being of substantial quantity, underscores the seriousness of the offence and the potential impact on public health and safety. The investigation in the present case is still at a crucial stage. Only three out of eighteen prosecution witnesses have been examined so far and important aspects of the case including identification of co-accused and collection of corroborative evidence, remain incomplete. Custodial interrogation of the Applicant is, therefore, necessary for effective and proper investigation. It is also noted that an earlier bail application by the Applicant had been considered and rejected by this Court, indicating the continuing gravity of the allegations and the need for judicial control over the investigative process. While the period of incarceration already undergone by the Applicant exceeds two years and nine months, this alone cannot be treated as a ground for bail in a matter of such seriousness. 6. Recently the Hon’ble Supreme Court in the matter of Union of India (UOI) Vs. Vigin K. Varghese (Special Leave Petition (Cri.) Nos.7768 of 2025 and 11097 of 2025) 6 decided on 13.11.2025 has observed that in NDPS commercial-quantity cases, long incarceration cannot, by itself, be a ground for bail. 7. Considering the fact that the contraband article i.e. ganja, which was recovered from the joint possession of the Applicant was above the commercial quantity, further considering that the first bail application of the Applicant was rejected on merits by this Court, further the fact that trial is in progress and also in the light of observation made by the Hon’ble Supreme Court in Vigin K. Varghese (supra) that in NDPS commercial-quantity cases, long incarceration cannot, by itself, be a ground for bail, therefore, I do not find any good ground to entertain this second bail application. 8. Accordingly, the bail application of the Applicant – Manish Chaudhry involved in Crime No.346/2023 registered at Police Station – City Kotwali, District- Raigarh (C.G.), for the offence under Section 20(b) of the NDPS Act, is hereby rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya