1 2026:CGHC:154 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8095 of 2025 Shivmohan Nishad S/o Rammanohar Aged About 34 Years R/o Village Pure Bhrosi, Shekhpur Bhandra Police Station - Shukul Bazar District- Amethi (U.P.) (As Per The Chargesheet) … Applicant versus 1. State Of Chhattisgarh Through Station House Officer, Police Station - Katghora, Distt.- Korba (C.G.) 2. The Regional Director, Government Of India, Narcotics Control Bureau, Regional Unit, Raipur, D Wing, 3rd Floor, Central Secretariat Building, Sector-24, Atal Nagar, Naya Raipur (C.G.) ... Non-applicant For Applicant : Mr. Ratnesh Singh Tandan, Advocate. For Non-applicant No.1/State : Ms. Vaishali Mahilong, Deputy Government Advocate. For Non-applicant No.2/ NCB ; Mr. Ramakant Mishra, Deputy Solicitor General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.105/2025, registered at Police Station: Katghora, District- Korba (C.G.) for the offences punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The case of the prosecution, in brief, is that, on dated 17.03.2025 the police received information from a Mukhbir that one person coming PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.05 13:43:55 +0530 2 from Bilaspur to Sutarra having Eicher Container No. DL-1-MA-8287, which was written in the container D.B.T.S. in which the police has seized in a plastic bori the 100 pieces of chaukor packet was seized and when it was opened it found that there is a Ganja of weight 500kg which was seized from the main accused Rahul Gupta. It is alleged by the prosecution that during the investigation which is found that on the basis of memorandum of the main accused Rahul Gupta the present applicant was arrested on after the three days of incident on 20.03.2025 from District Amethi, Uttar Pradesh. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that no recovery of any contraband article was made from the possession of the present applicant, and the only allegation against him is that he used to purchase contraband from the co-accused persons. It is also submitted that the contraband article recovered from the co-accused was 500 kg of ganja. Learned counsel further submits that the main accused, Rahul Gupta, named the present applicant only in his memorandum statement. It is also submitted that the applicant has no previous criminal antecedents, the charge-sheet has already been filed, and the applicant has been in jail since 20.03.2025. As the conclusion of the trial is likely to take a considerable amount of time, a prayer has been made for grant of bail to the applicant. 4. On the other hand, the learned counsel for the State and non-applicant No.2/NCB opposes the bail application and submits that quantity of contraband article i.e. 500 Kgs of Ganja has been seized from the possession of the present applicant, which is much more than the 3 commercial quantity and he belongs to District – Amethi, Uttar Pradesh and there is an offence under the BNS registered against him. Hence, the bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, the fact that the quantity of contraband article i.e. 500 Kgs of Ganja has been seized from the possession of the present applicant, which is much more than the commercial quantity and seizure has been made by Narcotics Control Bureau, hence it cannot be a case of false implication, the charge-sheet has already been filed before the competent Court, this Court is of the view that the present case is not fit for granting bail to the applicant. 7. Accordingly, the bail application of applicant – Shivmohan Nishad involved in Crime No.105/2025, registered at Police Station: Katghora, District- Korba (C.G.) for the offences punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti