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2026 DAILYLAW 11385 (CHH)

DHANANJAY NAG v. STATE OF CHHATTISGARH

MCRC/2112/2026 · 2026-04-19

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Judgment text

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1 2026:CGHC:17879 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2112 of 2026 1 - Dhananjay Nag S/o Parthav Nag Aged About 29 Years Resident Of Village - Gandapatrapali, Phaphsibhadra, Police Station - Santala, District - Balangir ( Odisha) 2 - Deepak Mahanand S/o Khushiram Mahanand Aged About 31 Years Resident Of Village - Gandapatrapali, Phaphsibhadra, Police Station - Santala, District - Balangir ( Odisha) 3 - Shankar Harpal S/o Kundal Harpal Aged About 28 Years Resident Of Village - Gandapatrapali, Phaphsibhadra, Police Station - Santala, District - Balangir ( Odisha) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Police Station - Komakhan, District - Mahasamund, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Dhirendra Prasad Mishra, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.04.2026 1. This is the first 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.17/2026 registered at Police Station Komakhan, District ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2026.04.23 10:56:35 +0530 2 Mahasamund (C.G.) for the offence under Sections 20(b)(ii)(c) & 29 of NDPS Act, 1985. 2. As per the prosecution case, in brief, on 01.02.2026, Assistant Sub-Inspector Nagendra Kumar Dubey received information that four persons travelling in a white TATA Zest car bearing registration No. CG 10 AS 9099 were transporting ganja from Odisha to Chhattisgarh. Acting on the said information, the vehicle was intercepted near Komakhan Chowkhari, and the occupants disclosed their identities as Prashant Nanda, Dhananjay Nag, Deepak Mahanand, and Shankar Harpal, all residents of Odisha. Upon search of the vehicle, 25 kilograms of ganja was allegedly recovered from the trunk in two plastic bags, which was seized from their joint possession. The accused were arrested, and Crime No.17/2026 was registered at Police Station Komakhan, District Mahasamund (C.G.), for offences under Sections 20(b)(ii) (c) and 29 of the NDPS Act. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is contended that they have been in judicial custody since 01.02.2026 and the charge-sheet has not yet been filed. It is further submitted that the investigation has not been conducted properly, the applicants are sole breadwinners of their families, and their continued detention would cause undue hardship. The applicants are permanent residents with no likelihood of 3 absconding and are ready to furnish adequate surety and abide by all conditions imposed by this Court. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that applicant No.1 is having one criminal antecedent in which he has already been acquitted, so far as the applicants No.2 & 3 are concerned, they do not have any previous criminal antecedent. It is further submitted that a total of 25 Kgs of Ganja has been recovered from the joint possession of the accused, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Ganja seized from the joint possession of the accused persons i.e. a total of 25 Kgs, which is more than the commercial quantity. Considering the gravity and nature of the offence, the quantity of contraband seized, and the statutory restrictions, this Court is not inclined to grant bail to the applicants. 7. Accordingly, the bail application of applicants – Dhananjay Nag, Deepak Mahanand & Shankar Harpal involved in Crime No. 17/2026, registered at Police Station- Komakhan, District – Mahasamund (C.G.) for the offence punishable under Sections 20(b)(ii)(c) & 29 of the NDPS Act is rejected. 8. Needless to say that the trial Court concerned is at liberty to 4 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. - Sd/- (Ramesh Sinha) Chief Justice Saxena