1 2026:CGHC:9016 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1784 of 2026 Tushar Koshle S/o Meluram Koshle, Aged About 28 Years R/o. Village Sarvan Kanpa, Police Station Sargaon, District Mungeli C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House O-cer, Police Station Singhoda, District Mahasamund (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Arun Kumar Shukla, Advocate. For Non-applicant(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.30/2022, registered at Police Station: Singhoda District- Mahasamund (C.G.) for the o:ences punishable under Section 20 (ख) (ii) (ग) of Narcotic Drugs and Psychotropic Substances Act. 2. As per the prosecution story, on 12.04.2022, acting on oral instructions of the senior o-cers, the police party proceeded for action against illegal intoxicants such as liquor and ganja and for KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 checking of suspicious vehicles. Accompanied by Constables No. 781, 936, 799 and 785, along with the requisitioned police vehicle bearing No. CG-04-MG-0418 and the investigation kit, they left for the interstate border on NH-53 Road near Village Rehtikhol and commenced intensive checking of vehicles coming from the Odisha side. During checking, a truck was noticed standing at a distance of about 100 meters from the checking point. As the said vehicle did not approach the checking point even after 15–20 minutes, the police party went near the truck and found its registration number to be CG-10C-8715. The driver was not present. On suspicion that the truck might be carrying illegal contraband (ganja), notices were served upon two persons present at the spot, namely Anil Pradhan and Ranjan Pradhan, requesting them to remain present during the proceedings. E:orts were made to trace the truck driver and vehicle owner in nearby hotels, dhabas and the adjoining forest area, but they could not be found. Accordingly, a fugitive (absconding) panchnama was prepared at the spot. Thereafter, in the presence of witnesses, the truck bearing registration No. CG-10C-8715 was searched. During the search, a tarpaulin was found placed in the rear portion of the truck. Upon removing the tarpaulin, packets wrapped and taped with khaki-colored adhesive tape were found, which appeared to contain contraband ganja. On counting, a total of 100 such packets were recovered. The cabin of the vehicle was also searched, but no documents were found therein. The said ganja was seized and a seizure panchnama was prepared. All the packets were cut open, and a small quantity from each packet was 3 taken out, mixed together, rubbed, smelled, tasted and examined, which was found to be a narcotic substance resembling ganja. A mixing (homogenization) panchnama was prepared after mixing the contents. Thereafter, two samples of 100 grams each were drawn separately in khaki envelopes and marked as A1 and A2. The remaining moist ganja was Dlled into four plastic sacks and weighed. Sacks No. 01 to 03 were found to contain 25 kilograms each, and Sack No. 04 contained 24 kilograms 800 grams, totaling 99 kilograms 800 grams. The two samples of 100 grams each and the four plastic sacks containing 99 kilograms 800 grams of ganja were sealed with seal and signature slips, and a sample seal panchnama was prepared. On the basis of the aforesaid seizure, Crime No. 30/2022 was registered at Police Station Singhoda against an unknown accused under Sections 20(b) and 29 of the NDPS Act, and investigation was undertaken. During the course of investigation, the absconding accused/applicant Tushar Koshle was arrested on 11.08.2025. Upon completion of the entire investigation and on the basis of the evidence collected, a charge- sheet has been Dled before the competent Court against the accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has neither committed nor participated in the alleged o:ence and there is no direct evidence connecting him with the seizure of contraband, except for memorandum statements and presumptions. The applicant was not apprehended 4 from the spot and the alleged ganja was not recovered from his conscious and exclusive possession. It is further submitted that the applicant has been implicated merely on the ground that he is the registered owner of the vehicle from which the contraband was seized, however, the vehicle was found unclaimed at the spot and was not in his possession at the relevant time. The prosecution itself shows that the driver was absconding and the applicant was arrested subsequently during investigation. He has no criminal antecedents under the NDPS Act and the charge-sheet has been Dled before the competent Court and the applicant has been in judicial custody since 11.08.2025 and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the present case involves recovery of commercial quantity of contraband ganja, i.e., 99.800 kg, therefore, the stringent provisions of the NDPS Act are clearly attracted. It is further submitted that the present applicant has been implicated on the basis of the memorandum statement and his involvement in the o:ence has surfaced therein. Considering the seriousness and gravity of the o:ence, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the o:ence alleged against the applicant and the fact that a huge quantity of contraband (commercial quantity) 5 i.e. 99.800 kgs of Ganja has been seized from the vehicle in question, this Court is of the considered opinion that the allegations are serious in nature. Although the applicant was not apprehended at the spot and his implication is stated to be on the basis of memorandum statements and his status as registered owner of the vehicle, the contraband recovered is of commercial quantity, thereby attracting the rigours of the NDPS Act. Considering the seriousness of the o:ence and the statutory embargo applicable in cases involving commercial quantity, this Court is not inclined to hold that it is a Dt case for grant of bail to the applicant at this stage. 7. Accordingly, the bail application of applicant – Tushar Koshle involved in Crime No.30/2022, registered at Police Station: Singhoda District- Mahasamund (C.G.) for the o:ences punishable under Section 20 (ख) (ii) (ग) of Narcotic Drugs and Psychotropic Substances Act, is rejected. 8. Needless to sat that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. O-ce is directed to provide a certiDed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal