Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:4950
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 963 of 2026 Darbari Begum W/o Abid Sheikh Aged About 47 Years R/o Plot No. 192, Hudkeshwar Road, New Nehru Nagar, Near Pandlen Kirana Store, Nagpur, M.H.
... Applicant versus State of Chhattisgarh Through S H O P/s Narcotics Control Bureau, Zonal Unit, Raipur C.G.
... Non-Applicant For Applicant : Mr. Akash Mishra, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 29.01.2026
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 NCB Crime No. 07/2024 registered at Police Station NCB, Zonal Unit, Raipur, District – Raipur (C.G.), for the offence punishable under Sections 08/20 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Case of the prosecution, in brief, is that the concerned ofÏcer of the Railway Protection Force (RPF) received credible information RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 regarding illegal transportation of contraband substances. Acting upon such information, a raid was conducted, during which 31.840 kilograms of cannabis was allegedly seized from the possession of the present applicant and the co-accused. Consequently, the applicant was apprehended and handed over to the Narcotics Control Bureau (NCB) for further investigation and necessary proceedings. Thereafter, the applicant was produced before the learned trial Court, which remanded her to judicial custody. The applicant has been in custody since 10.04.2024. Hence, this bail application.
3.
Learned counsel for the applicant submits that the entire case of the prosecution against the present applicant is false, baseless, and fabricated, being founded on incorrect facts deliberately concocted by the police authorities. It is submitted that the applicant was arrested by the NCB, Zonal Unit, Raipur (C.G.), on 10.04.2024 for the alleged offence punishable under Sections 8/20 read with Section 29 of the NDPS Act, and was thereafter produced before the concerned Court, which remanded him to judicial custody, where he continues to remain till date. The fact that the applicant has been in continuous judicial custody itself indicates that no further custodial interrogation is required, and keeping him behind bars would serve no fruitful purpose. It is further submitted that the alleged offence is triable by the Sessions Court and is not punishable with life imprisonment or capital punishment. The applicant is the sole bread earner of his family and bears the responsibility. He further submits that she is in jail since
3 10.04.2024, in the present case, charge-sheet has filed before the competent Court and the applicant has no criminal antecedents and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail.
4.
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 however, the quantity of contraband article 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 person has already been rejected by this Court in MCRC No. 8459/2025, vide order dated 29.10.2025, 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 which has been seized from the joint possession of the applicant along with co-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 person has already been rejected by this Court in MCRC No. 8459/2025, hence, this Court does not find a fit case to release the applicant on regular bail.
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7. Accordingly, the bail application of the applicant – Darbari Begum, involved in Crime No. 07/2024 registered at Police Station NCB, Zonal Unit, Raipur, District – Raipur (C.G.), for the offence punishable under Sections 08/20 read with Section 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