1 2026:CGHC:397 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10081 of 2025 • Dileshwar Nayak S/o Sitaram Nayak, Aged About 35 Years R/o Jaipur P.S. Bhatli District Bargarh (Orissa) ... Applicant versus • State of Chhattisgarh Through Police Station Sakri, District Bilaspur (C.G.) ... Respondent (Cause title is taken from the Case Information System) For Applicant : Mr. Abhishek Sinha, Senior Advocate with Mr. Ghanshyam Patel, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/01/2026 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.533/2025 registered at Police Station Sakri, District – Bilaspur (C.G.), for the offence punishable under Section 20(B), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.07 17:53:29 +0530 2 2. Case of the prosecution, in brief, is that on 30/7/2025 a secret information was received at police station Sakri that one Kanti Pandey and her son Girish Chand Pandey resident of Chorbhatti Khurd brought huge quantity of cannabis from Orrisa in a car in front of their house on receiving the information, the station in charge was informed and after registering the information in the diary send to someone the independent witnesses and also send the information to the superior officer and consent was taken for action. A communication was also send to CSP civil line, as CSP civil line was out of station and if immediate action was not taken the accused may have absconded and destroyed or hide the cannabis. Therefore a raid was conducted. Raid party along with independent witness went to Chorbhatti Khurd and sezied that 30kg of cannabis from Baleno car bearing registration no CG10 BD4999 from possession of Kanti Pandey and her son Girish Chand Pandey 15 kg each accused and Kanti Pandey discloses in her memorandum statement disclosed that Dipak Ganda and present applicant came from Orissa in Ertiga car no. OD 17U 1372 to drop cannabis and she paid 2,50,000 to them, thereafter they went from the spot. Upon disclosure in memorandum a patrolling party was deputed to trace out the aforesaid car and upon such the patrolling party found them near Chorbhatti khurd and upon such 2,50,000 was found. Therefore an offence under section 20B and 29 of NDPS has been registered against them. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and only on the basis of memorandum statement of co-accused person present applicant implicated in crime in question. He further submits that applicant has one criminal antecedent under the NDPS Act and applicant is on 3 bail in that case. Further applicant is in jail since 31.07.2025. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He further submits that in compliance of this Court’s order dated 09.12.2025, corrected bail rejection order passed by the learned trial court has been also filed and conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that applicant is resident of Orissa the charge-sheet has been filed before the competent Court and the quantity of contraband article i.e. 30kg of Cannabis (Ganja) recovered from the Baleno Car bearing registration No. CG10BD4999 from possession of the applicant, which is much above the commercial quantity and bail application of other co-accused namely Girish Chandra Pandey bail application has already been rejected by this Court in MCRC No.8628 of 2025 vide order dated 31.10.2025 as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is 30kg of Cannabis (Ganja) which is much above the commercial quantity and applicant has one previous criminal antecedent under the NDPS Act, in which applicant was on bail and he misuse the liberty granted him earlier, charge-sheet has been filed in the present case and it cannot be a case of false implication, the trial is in progress. 7. Accordingly, the bail application of the applicant – Dileshwar Nayak filed under Section 439 of the Cr.P.C., involved in Crime No. 4 533/2025 registered at Police Station Sakri, District – Bilaspur (C.G.), for the offence punishable under Section 20(B), 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. Offiece 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