1 2026:CGHC:8260 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 576 of 2026 Saraswati Sahu W/o Sandeep Sahu Aged About 31 Years R/o Chandmari Raigarh Tah. And District Raigarh, Chhattisgarh. Appellant(s) Versus State Of Chhattisgarh Through Police Station Kharsiya, District Raigarh, Chhattisgarh. Respondent(s) (Cause-title taken from Case Information System) For Applicant(s) : Mr. Sumit Jhanwar, Advocate For Respondent(s) : Mr. Anand Gupta, Dy. GA Hon'ble Shri Bibhu Datta Guru, Judge Order on Board 16/02/2026 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.480/2025 registered at Police Station– Kharsiya, District- Raigarh (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the police of Police Station RAHUL JHA Digitally signed by RAHUL JHA Date: 2026.02.16 16:55:56 +0530 2 Kharsia, District Raigarh (C.G.), on receiving secret information from an informant, conducted a raid. During the said raid, the police allegedly seized 64 kg 360 grams of contraband article (Ganja) from the possession of the co-accused Anita Agariya and on the basis of her memorandum statement, the present applicant has been arrested for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the present case and that the alleged contraband article was not recovered from her exclusive possession. It is further submitted that the incident is alleged to have taken place on 26.08.2025 and the applicant is in judicial custody since 28.08.2025. Learned counsel submits that the applicant has been implicated merely on the basis of memorandum statement of co-accused. It is also contended that the applicant is a lady having no previous criminal antecedents. The charge-sheet has already been filed and the conclusion of trial is likely to take considerable time. Therefore, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that 64 kg 360 grams of contraband article (Ganja) has been seized from the possession of the co-accused Anita Agariya and on her memorandum statement, wherein she categorically stated that they are doing the illegal sale of contraband under the instructions of the present applicant. He further submits that the bail application of Anita Agariya has already been rejected by this Court vide order dated 28.11.2025 3 passed in MCRC No. 9694/2025. It is contended that in view of the bar contained under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the applicant is not entitled to be released on bail and, therefore, the prayer for grant of bail deserves to be rejected. 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 taking into account the memorandum statement of Anita Agariya whose bail application has already been rejected by this Court, and also considering the fact that 64 kg 360 grams of contraband article (Ganja) has been recovered from the possession of the co-accused, which is much above the commercial quantity, this Court is of the view that the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 are attracted. 7. Accordingly, the bail application of the applicant – Saraswati Sahu involved in Crime No. 480/2025 registered at Police Station–Kharsiya District- Raigarh (C.G.), for the offence punishable under Section 20(B) 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Bibhu Datta Guru) Judge Rahul