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2026 DAILYLAW 12421 (CHH)

KARAN KHILLO v. STATE OF CHHATTISGARH

MCRCA/1998/2025 · 2026-01-05

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Judgment text

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1 2026:CGHC:653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1998 of 2025 Karan Khillo S/o Late Bhagwan Khillo Aged About 34 Years R/o Village- 8 Khujle, P.S. Nandpura, Tahsil- Nanadpur, District- Koraput, Orissa, ... Applicant versus State Of Chhattisgarh Through- Police Station Nagarnar District- Bastar (C.G.) ... Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 06.01.2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 96/2024, registered at Police Station - Nagarnar, District : Bastar (C.G.) for alleged commission of offence punishable under Section 20(b)-ii (C) & 29 of NDPS Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.08 15:53:59 +0530 2 2. As per the brief facts of the prosecution case, on 19.05.2025, the police of police station Nagarnar District Bastar have received secret information that some persons are having contraband "Ganja" in their possession and transporting the same from Orissa to Jagdalpur in a bus of "Payal Travels" bearing registration no CG-07-E-4433. the police have setup a checkpost on NH-63 Orissa Jagdalpur main road and upon arrival of bus bearing registration no CG-07-E-4433 police have checked the persons as per the description of secret information and chceked the main accused person namely Bane Singh and Dipak Sen and found 22.750 Kg Ganja from their possession and on the basis of their memorandum statement in which they have stated that they have purchased the alleged "Ganja" from a person having mobile "7008071431" which was alleged to be found of the present applicant during the course of investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that even if the entire prosecution case is taken as it is, the present applicant has been implicated for the commission of alleged offence only on the basis of memorandum statement of co-accused. He further submits that prima-facie there is no material collected by the prosecution, apart from the memorandum statement of co- accused. He submits that the present applicant has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of contraband 3 article i.e. 22.750 Kgs of Ganja, was recovered from the present applicant, which is much above the commercial quantity and the involvement of the applicant is found during investigation in the present case as the contraband articles was being purchased by the applicant as such, the applicant is not entitled to be released on bail. 5. Recently the Supreme Court in the matter of Anarul SK v. The State of West Bengal {SLP (Crl.) No(s). 12621/2024 has observed that the grant of anticipatory bail in cases involving Narcotic Drugs and Psychotropic Substances (NDPS) is a very serious issue. 6. In the light of observation made by the Supreme Court in Anarul SK (supra), I do not find any good ground to entertain this anticipatory bail application. Accordingly, the present anticipatory bail application is dismissed. Sd/- (Ramesh Sinha) Chief Justice vaibhav