Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:19416
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3814 of 2026 Prashant Nanda S/o Undriya Nanda, Aged About 42 Years R/o Rangali, Police Station Santla, District- Balangir (Odisa)
... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Komakhan District- Mahasamund (C.G.)
... Non-applicant For Applicant : Ms. Manisha Yadav, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 27.04.2026
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- Mahasamund (C.G.), for the offence punishable under Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. The prosecution story, in brief, is that on 01.02.2026, Assistant Sub-Inspector Nagendra Kumar Dubey received credible RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 information that four persons were transporting illegal narcotic substance (ganja) in a white coloured TATA Zest car bearing registration No. CG-10-AS-9099 from Odisha towards Chhattisgarh. Acting upon the said information, the police ofÏcials laid a blockade near Komakhan Chowk, and after some time, the said vehicle was intercepted. Upon inquiry, the driver disclosed his name as Prashant Nanda, the person seated beside him as Dhananjay Nag, and the persons sitting in the rear seat as Deepak Mahanand and Shankar Harpal, all residents of Odisha. Thereafter, upon search of the vehicle, particularly the trunk, a total quantity of 25 kg of ganja was recovered from two white plastic bags, which was seized from the joint possession of all the accused persons. They were duly arrested, and on the basis of the said seizure, an offence was registered at Police Station Komakhan, District Mahasamund (C.G.), vide Crime No. 17/2026, for the offences punishable under Sections 20(b)(ii)(C) and 29 of the NDPS Act. Hence, the present first bail application.
3.
Learned counsel for the applicant submits that the applicant has not committed any offence as alleged and has been falsely implicated in the present case. It is contended that the alleged contraband was not recovered from the conscious and exclusive possession of the applicant, and the applicant was merely the driver of the vehicle, who was driving the same on the instructions of its owner and had no knowledge of the contents kept in the trunk. It is further submitted that the applicant has been roped in the offence on the basis of a false seizure memo. She further submits that though the
3 alleged seizure is shown to have been made at a public place, no independent and reliable witness has supported the prosecution case, and the mandatory provisions of the NDPS Act relating to search, seizure and sampling have not been complied with in their true spirit. She submits that the applicant has no previous criminal antecedents, the charge-sheet has been submitted before the competent Court, and he is in jail since 01.02.2026 and conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the present applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the prayer for grant of bail and submits that the charge-sheet has been filed in the present case before the competent Court. She also submits that the quantity of contraband article i.e. 25 kg of Ganja which has been recovered from the joint possession of the applicant along with co-accused, is much above the commercial quantity. She also submits that the bail application of the other co-accused persons, namely, Dhananjay Nag, Deepak Mahanand, and Shankar Harpal have already been rejected by this Hon’ble Court in MCRC No. 2112/2026, vide order dated 20.04.2026, and as such, the applicant is also not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6.
Considering the facts and circumstances of the case and further the fact that the contraband article i.e. 25 kg of Ganja which has been seized from the joint possession of the applicant along with co-
4 accused, is much above the commercial quantity and the applicant has failed to give an explanation regarding the same and it cannot be a case of false implication, further the bail application of the other co-accused persons, namely, Dhananjay Nag, Deepak Mahanand, and Shankar Harpal have already been rejected by this Court in MCRC No. 2112/2026, vide order dated 20.04.2026, hence, this Court does not find a fit case to release the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Prashant Nanda, 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) and 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. OfÏce 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 Rahul Dewangan