1 2026:CGHC:19633 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3837 of 2026 Mukesh Verma S/o Late Shri Vishnu Verma Aged About 30 Years R/o Hanuman Chowk, Ward Number 09 Arya Nagar, Kohka Police Station- Supela Bhilai Distt. Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station- Basantpur Distt. Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.04.2026 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. 78/2026 registered at Police Station - Basantpur, District - Rajnandgaon, (C.G.) for the offence under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that on 20/02/2026, Domar Singh Kanwar ASI of Police Chowki Surgi Thana Basantpur received reliable VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.28 16:29:52 +0530 2 secret information from an Informant that one person was illegally transporting contraband article (ganja) by concealing it in the dickey of a motor scooter bearing registration No. CG07/AZ/3065, and was coming from Bhagwanpur towards Surgi. According to Given Information the police staff along with witnesses reached the spot thereafter police blocked the road and the suspicious motor scooter was stopped the driver disclosed his name as Mukesh Verma, On conducting search of the vehicle of the applicant/accused, from its dickey, one plastic sack was found, inside which two packets wrapped with brown tape containing contraband article (ganja) were recovered. The same was identified and weighed through the driver, and the total weight along with the sack was found to be 1.86 kilograms On being asked regarding possession of the said contraband article, the applicant/accused failed produce valid document, licence authority. Thereafter, the said contraband article was seized from the possession of the applicant/accused, a seizure memo (Panchnama) was prepared on the spot, and the applicant/accused was arrested. After returning to the police station, on the basis of the Dehati Nalishi, A formal First Information Report was registered against the accused vide Crime No. 78/2026 for the offence punishable under Section 20(b) of the NDPS Act. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. He further submits that as there is no material available on record to establish his involvement in the commission of the said offence. It is further submitted that no contraband article has been recovered from the personal possession of the applicant, and the alleged recovery of 3 ganja falling within intermediate quantity, i.e., above small quantity but below commercial quantity under the NDPS Act—was made from a vehicle with which the applicant has no direct connection. The prosecution case is based on prior secret information; however, there is nothing on record to show that such information was reduced into writing or communicated to the superior officer as mandated under Section 42 of the NDPS Act, 1985, thereby casting serious doubt on the prosecution story. The applicant has neither been found in exclusive possession of any narcotic substance nor shown to have financed or abetted its trafficking, and no personal recovery has been effected from him. The entire case rests on alleged recovery, which is already complete and documented, and therefore no custodial interrogation of the applicant is required. It is further submitted that there is no likelihood of early conclusion of the trial, and in the absence of cogent legal evidence, continued detention of the applicant who has been in custody since 20/02/2026 would be unjustified. The applicant is a permanent resident of the address mentioned in the cause title and there is no possibility of his absconding or tampering with prosecution witnesses. The applicant undertakes to abide by all terms and conditions that may be imposed by this Hon’ble Court while granting bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed before the competent Court. She further submits that the contraband article, i.e., 1.86 kgs of ganja, has been seized from the applicant, and therefore, the present applicant is not entitled to the grant of bail. 4 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly that the contraband article, i.e., 1.86 kgs of ganja, was seized from the possession of the present applicant, which is less than commercial quantity, and further considering that the applicant has no criminal antecedents, that the charge-sheet has already been filed before the competent Court, that he is in custody since 20.02.2026, and that the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Mukesh Verma, involved in Crime No. 78/2026 registered at Police Station - Basantpur, District - Rajnandgaon, (C.G.) for the offence under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and 5 the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. 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 vaibhav