1 2026:CGHC:21003 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2923 of 2026 Rajababu Mali S/o Laxmidhar Mali Aged About 19 Years (Wrongly Mentioned As Lachimadhar In Aadhar Card), R/o Baragam, Vtc Ukiapalli, Post Office Kosagumuda, Sub District Kosagumuda, District Nabarangpur, Odisha (As Per Aadhar Card) --- Applicant(s) versus State Of Chhattisgarh Through S.H.O. Police Station Durg Kotwali, District Durg Chhattisgarh --- Respondent(s) MCRC No. 3048 of 2026 Dablu Banskaar S/o Umesh Banskar Aged About 20 Years R/o Naini Mundi Chek Hamrud Bagiya Bali Gali, P/s Naini, Distt. Prayagraj Uttar Pradesh. ---Applicant(s) Versus State Of Chhattisgarh Through Station House Officer, P.S. Kotwali Durg, Distt. Durg, Chhattisgarh. --- Respondent(s) KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 MCRC No. 3027 of 2026 Mohit Jaiswal S/o Bhola Jaiswal Aged About 19 Years R/o Naini Mundi Chek Hamrud Bagiya Bali Gali, P/s Naini, Distt. Prayagraj, Uttar Pradesh. ---Applicant(s) Versus State Of Chhattisgarh Through Station House Officer, P.S. Kotwali Durg, Distt. Durg, Chhattisgarh. --- Respondent(s) For Applicant in MCRC No.2923 of 2026 : Mr. B.P. Singh, Advocate. For Applicant in MCRC No.3027 & 3048 of 2026 : Mr. Shubham Rao, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/05/2026 1. Since the above-mentioned bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are 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 applicants who have been arrested in connection with Crime No. 374/2025 registered at Police Station Ramkola, District Surajpur, (C.G.) for the offence 3 punishable under Sections 20(b), 20(B)(ii)(C), 21(a) of NDPS Act. 3. Case of the prosecution, in brief, is that an offence bearing Crime No. 374/2025 has been registered at Police Station City Kotwali, District Durg under Sections 20(b), 21(a), 20(b)(ii)(C) of the NDPS Act. On 05.08.2025, Assistant Sub-Inspector Ramkrishna Tiwari received secret information that two persons were standing near the closed tap house in front of District Hospital, Durg, carrying black bags containing contraband ganja and were searching for customers to sell the same for illegal gain. Acting on the said information, the police team along with witnesses reached the spot and apprehended co-accused Mohit Jaiswal and W. Banskar. Upon search, 11.490 kg of ganja packed in brown polythene was recovered from Mohit Jaiswal, and 9.770 kg of ganja kept in three packets inside a black bag was recovered from co-accused Dablu Banskar. In total, 21.260 kg of ganja was seized from their joint possession, for which they could not produce any valid documents. The case diary further reveals that although no contraband was directly recovered from applicant/accused Raja Babu Mali, he is alleged to have been involved in the illegal sale of ganja in connivance with the co- accused persons. Thus, his joint involvement in the offence is disclosed, subsequently, the applicants were arrested. Hence, the bail application. 4. Learned counsel for the applicant in MCRC No.2923 of 2026 submits that the applicant is innocent and has falsely been 4 implicated in the present case and he is in jail since 26.08.2025. He further submits that the the main accused persons in the present case are Mohit Jaiswal and Dablu Banskaar, who whom the alleged contraband articles were seized, no seizure of any contraband article has been made from the possession of present applicant and the applicant has no criminal antecedent. He also submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 5. Learned counsel for the applicants in MCRC Nos. 3027 & 3048 of 2026 submits that the applicants are innocent and have falsely been implicate in the alleged offence and they are in jail since 05.08.2025. He further submits that the applicant namely Mohit Jaiswal has only one previous criminal antecedent under the BNS and applicant- Dablu Banskaar has no criminal antecedent, there long detention would adversely affect their livelihood. He also submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicants on regular bail. 6. Per contra, learned State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the quantity of contraband article i.e. 21.260 kgs of Ganja 5 recovered from the joint possession of the applicant, namley, Mohit Jaiswal and Dablu Banskaar, which is above the commercial quantity as notified under the NDPS Act, the allegation against applicant, namely, Raja Babu Mali is that he is also involved in the illegal sale of ganja in connivance with the co- accused persons, therefore, the applicants are not entitled to be released on bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. From perusal of the case diary, it transpires that the contraband articles i.e. 21.260 kgs of Ganja recovered from the joint possession of the applicants, namley, Mohit Jaiswal and Dablu Banskaar is above the commercial quantity as notified under the NDPS Act and applicant, namely, Raja Babu Mali facilitated the illegal sale of ganja in connivance with the co-accused persons and counsel for the applicants have failed to give plausible explanation regarding the alleged recovery and their involvement in the present case, further it is an organized crime and it cannot be a case of false implication, the trial is in progress and the further the applicant- Mohit Jaiswal, has one previous criminal antecedent under the BNS and rest have no criminal antecedents. 9. Accordingly, the bail application of the applicants - Rajababu Mali, Dablu Banskaar and Mohit Jaiswal, involved in Crime No. 6 374/2025 registered at Police Station Ramkola, District Surajpur, (C.G.) for the offence punishable under Sections 20(b), 20(B)(ii) (C), 21(a) of NDPS Act, is rejected. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal