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2026 DAILYLAW 10358 (CHH)

RAMBRIJ JANGDE v. UNION OF INDIA

MCRC/3058/2026 · 2026-05-03

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Judgment text

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1 2026:CGHC:20748 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3058 of 2026 • Rambrij Jangde S/o Dharamdas Jangde Aged About 45 Years R/o Village - Achhauli (Wrongly Mentioned As Acholi In The Order Sheet), Police Station - Kharora, District Raipur Chhattisgarh ... Applicant(s) versus • Union of India Through Narcotic Control Bureau, Zonal Unit, Indore (M.P.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Abhipreet Bajpai, Advocate For Respondent(s) : Mr. Ramakant Mishra, D.S.G. along with Mr. Niraj Baghel, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/05/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 03/2024 and Special Case (NDPS) No.13/2024 registered at Police Station – Narcotic Control Bureau, District – Zonal Unit, Infore (M.P.), for the offence punishable under Sections 8/20(b)(ii)(C), 25, 27, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.06 11:13:28 +0530 2 2. Case of the prosecution, in brief, is that 5.1 That, the case of prosecution in brief is that on 15.02.2024, the Narcotic Control Bureau, Zonal Unit, Indore during conducting preventive action against narcotic drugs, received a secret information regarding transportation of Ganja and on the basis of aforesaid secret information, a truck bearing registration No. CG- 25-H-0370 and Swift car bearing registration No. CG-10- AK-2802 were stopped by the police. It is alleged that two persons were sitting in the truck and three persons were sitting in the car and it is alleged that the present applicant was sitting in the truck and total 628.420 kg. Ganja was seized from the truck and thereafter, further investigation was conducted by the investigating agency and after completion of the entire investigation, 6 accused persons were charge-sheeted and a complaint case under Section 36 A 1 (d) of NDPS Act was filed before the learned Special Judge under Narcotic Drugs and Psychotropic Substances Act, Bemetara, District Bemetara (C.G.) and subsequently, the case was registered as Special Session Case (NDPS Act) No. 13/2024 and presently, trial is going on and out of 18 witnesses, 04 were examined up to 10.12.2025 from the date of filing complaint case dated 08.08.2024, though the present applicant was arrested on 15.02.2024. Hence, this bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He also submits that the present applicant, driver of the truck was arrested by the police, when the said truck was being driven by him as per instruction of his master and he was not having any knowledge regarding transportation of Ganja from truck which was only being driven by him but the same was loaded by other persons. He also contended 3 that the mandatory provisions of the narcotic Drugs and Psychotropic Substances Act have not been followed by the investigating agency due to which the entire investigation is vitiated. It is further contended that applicant is in jail since 15.02.2024 and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel for the respondent opposes the bail application and submits that total of 628.420 kilograms of ganja was recovered from truck number CG-10-AK-2802, and the applicant is the driver of the said truck. He further submits that the co-accused (Raju Lodhi) had filed the SLP (Cri) Diary No. 21401/2025 and SLP (Crl) No. 008935 / 2025 against the order passed by this Court dated 25.02.2025 in MCRC No. 1564 of 2025 before the Hon'ble Supreme court and the Hon'ble Supreme court had dismissed that SLP petition filed by co- accused (Raju Lodhi). It is submitted that the co-accused (Raju Lodhi) again filed the application for grant of bail before this Court and that bail application was dismissed by this Court vide its order dated 09.10.2025. Thereafter, the co-accused (Raju Lodhi) filed again SLP petition against the order passed by this Court vide order dated. 09.10.2025 in MCRC No. 6818 of 2025 whereby the Hon'ble High Court dismissed MCRC No. 6818 of 2025 filed by co- accused (Raju Lodhi). It is humbly submitted that the co-accused (Raju Lodhi) again filed the Special Leave Petition before the Hon'ble Supreme court bearing SLP (CRL) No. 21048/2025 which has again been dismissed by the Hon'ble Supreme Court on vide order dated 19/03/2026 by giving direction that the "the prosecution witness be completed within three months from today". It is submitted that the Hon'ble trial court has issued summons against remaining witnesses in this case and 4 given block dates i.e. 15.04.2026, 17.04.2026, 20.04.2026 and 22.04.2026 for examination of the witnesses thus comply with the direction given by Hon'ble Supreme Court. It is further submitted that the next date, 06.05.2026, has been fixed by learned trial Court for recording the statements of the prosecution witnesses, and out of a total of 18 witnesses, the examination of only 2 witnesses remains to be conducted, therefore bail application of the present applicant is liable to be dismissed. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the submissions advanced by learned counsel for the parties and the material placed on record, this Court finds that the allegations against the applicant is of serious nature under the provisions of the NDPS Act. It is undisputed that a commercial quantity of 628.420 kilograms of ganja was recovered from truck bearing registration No. CG-10-AK-2802, of which the applicant was the driver. The record further reveals that the co-accused has repeatedly approached the Hon’ble Supreme Court and this Court for grant of bail, and all such attempts have been unsuccessful. The Hon’ble Supreme Court has also directed expeditious conclusion of trial and recording of prosecution evidence within a stipulated period, which is already being complied with by the learned trial Court by fixing specific block dates for examination of witnesses, and also considering the fact that the trial is being proceeded with expeditiously and the next date, 06.05.2026, has been fixed by the trial Court for recording the statements of the prosecution witnesses, and out of total of 18 witnesses, the examination of only 2 witnesses remains to be conducted, hence, this Court is of the considered view 5 that the applicant is not entitled to released on bail, and the application deserves to be rejected. 7. Accordingly, the bail application of the applicant – Rambrij Jangde, filed under Section 439 of the Cr.P.C., involved in Crime No.03/2024 and Special Case (NDPS) No.13/2024 registered at Police Station – Narcotic Control Bureau, District – Zonal Unit, Infore (M.P.), for the offence punishable under Sections 8/20(b)(ii)(C), 25, 27, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Vaishali