1 2026:CGHC:7327 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1178 of 2026 1. Francis Kumhar S/o Lalit Kumhar Aged About 32 Years R/o - Lohasingha, Police Station Lamha, District - Balangir, Odisha. 2. Kshir Sagar Sahu S/o Dingra Sahu Aged About 39 Years R/o Neeladhar, Police Station Paikamal, District - Bargarh, Odisha. ... Applicants versus State of Chhattisgarh Through Station House Officer, Police Of Police Station - Koni, District - Bilaspur, Chhattisgarh. ... Non-applicant For Applicants : Mr. Akhilesh Mishra, Advocate. For Non-applicant/State : Mr. Saurabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.149/2025, registered at Police Station: Koni, District- Bilaspur (C.G.) for the offences punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The case of the prosecution, in brief, is that, Police Station Koni, District Bilaspur, received information from an informant, and on the basis of the said information, the police authorities seized a total of 102 PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.02.11 12:39:09 +0530 2 kgs of ganja from a car found to be in the joint possession of the applicant and the co-accused. During the course of investigation, the applicant was arrested by the concerned police. 3. Learned counsel for the applicant argues that the applicant is innocent and has been falsely implicated in the present case. He vehemently submits that the applicant is not named in the FIR. It is further submitted that the trial is in progress and that out of 16 prosecution witnesses, 3 have been examined and have turned hostile, thereby not supporting the prosecution case. It is also argued that the applicant has been in jail for more than one year. The applicant has no previous criminal antecedents, the charge-sheet has already been filed, and the applicant has been in custody since 23.05.2025. As the conclusion of the trial is likely to take a considerable amount of time, learned counsel prays for grant of bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application and submits that a total quantity of 102 kg of ganja has been seized from the possession of the co-accused, which is much more than the commercial quantity. It is further submitted that, as per the memorandum statement, the applicant used the said contraband article available to him. Since the trial is in progress, it is prayed that the bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 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) decided on 13/11/2025 has observed that in NDPS commercial-quantity cases, long incarceration 3 cannot, by itself, be a ground for bail. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, the fact that the quantity of contraband article i.e. 102 kg of ganja has been seized from the possession of the co-accused, which is much more than the commercial quantity, further as per the memorandum statement, the applicant used the said contraband article available to him, hence it cannot be a case of false implication, and the trial is in progress and that out of 16 prosecution witnesses, 3 have been examined and have turned hostile, also in the light of observation made by the Hon’ble Supreme Court in Union of India (UOI) (supra) that in NDPS commercial-quantity cases, long incarceration cannot, by itself, be a ground for bail, this Court is of the view that the present case is not fit for granting bail to the applicant. 8. Accordingly, the bail application of applicant Nos. 1 and 2 – Francis Kumhar and Kshir Sagar Sahu involved in Crime No.149/2025, registered at Police Station: Koni, District- Bilaspur (C.G.) for the offences punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti