1 2026:CGHC:4949 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 964 of 2026 Mukesh Tiwari @ Bablu Tiwari S/o Late Shri Rajendra Prasad Tiwari Aged About 47 Years Caste Brahman, R/o 153 Devnagar, Sihora, Devnagar, District Jabalpur (M.P.) ... Applicant versus State of Chhattisgarh Through S.H.O. Of Police Station Ghumka (Correctly Mentioned As Per Fir), District Rajnandgaon (C.G.) ... Non-Applicant For Applicant : Mr. Dhirendra Prasad Mishra, Advocate. For Non-Applicant/State : Mr. Shubham Bajpai, 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 Crime No. 152/2024 registered at Police Station Ghumka, District- Rajnandgaon (C.G.), for the offence punishable under Section 20(b) (ii)(c) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 24.10.2024, based on information received from an informer, a mobile check post was set RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 up at Jalbandha Road, Main Road, Village Mohndi, near Mohndi Chowk. While checking vehicles, a white Tata DI 207 bearing registration number CG-04/JB-1697, coming from Durg District towards Jalbandha Khairagarh Main Road, Mohndi Chowk, was stopped. The driver, Dhanraj Patel, and the passenger, Bedbar Patro, were questioned, and their vehicle was searched in the presence of witnesses. A total of 64 khaki-coloured packets containing 65.565 kg of the narcotic substance ganja were found hidden in a compartment beneath the trolley of the vehicle. The ganja, along with the vehicle, was seized in the presence of witnesses. Upon questioning, both accused admitted that they were residing in Suleseru, Odisha, as part of a plan to sell the recovered ganja on the instructions of Anil Soni and Govind Kshatriya of Jabalpur, Madhya Pradesh, and that a written agreement had been given to Akash alias Gangu Yadav and Bablu Maharaj of Jabalpur for its transportation. Their statements were recorded, and based on mobile location data, other accused persons Dhanraj Patel, Govind Kshatriya, Akash Yadav alias Gangu Yadav, applicant/accused Mukesh Kumar Tiwari alias Bablu Maharaj, and vehicle owner Shatruhan Sahu were apprehended. During interrogation, they jointly admitted to buying, selling, and transporting ganja. Accordingly, the accused were arrested, and after completion of the investigation, the charge sheet was filed before the court. Hence, this bail application has been filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. No 3 contraband article, namely cannabis, has been seized from his possession, and the prosecution has not complied with the mandatory provisions of the NDPS Act. Further, only 13 out of 21 prosecution witnesses have been examined so far, and the trial is likely to take considerable time for its conclusion before the Trial Court, with the deposition sheets of P.Ws. 1 to 13 annexed collectively as ANNEXURE A/4. The applicant has been in judicial custody since 16.01.2025, thus completing more than one year in jail. The Samras Panchnama has not been prepared by the prosecution, thereby violating the mandatory provisions of the NDPS Act. Additionally, the prosecution has failed to comply with Standing Orders 1/88 and 1/89 issued by the Central Government, as the arrest of the applicant is solely based on the memorandum statements of co-accused Dhanraj Patel. Several independent seizure witnesses, namely P.W.3 (Chhabiram Sahu), P.W.4 (Bhushan Sahu), P.W.5 (Umashankar Patre), and P.W.7 (Jay Prakash Yadu), along with the photographer witness P.W.9 (Sahil Baghel) and police staff witness P.W.11 (Kheduram Uikey), have turned hostile and have not supported the prosecution case. Moreover, the police have not conducted a proper investigation to involve the applicant in connection with the alleged offence. He also submits that the 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 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. He further submits that on 24.10.2024, based on information received from an informer, a mobile check post was set up at Jalbandha Road, Village Mohndi, where a white Tata DI 207 (CG-04/JB-1697) was stopped. The driver Dhanraj Patel and passenger Bedbar Patro were found in possession of 65.565 kg of ganja hidden in the vehicle. During investigation, the present applicant, Mukesh Kumar Tiwari alias Bablu Maharaj, was found to be actively involved in the buying, selling, and transportation of the narcotic substance as part of a larger organized plan with co-accused persons, and his involvement was corroborated by mobile location data and statements of other accused. He also submits that the bail applications of the other co-accused persons have already been rejected by this Court 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 the submissions of the learned counsel for the parties, it is evident that on 24.10.2024, a substantial quantity of ganja, weighing 65.565 kg, was recovered from the vehicle driven by co-accused Dhanraj Patel, and the present applicant, Mukesh Kumar Tiwari alias Bablu Maharaj, was found to be actively involved in the buying, selling, and transportation of the narcotic substance as part of an organized 5 plan with other accused. His involvement is corroborated by the statements of co-accused and mobile location data, indicating that the applicant played a direct role in the commission of the offence, further the bail applications of the other co-accused persons have already been rejected by this Court. Considering the gravity of the offence, the large quantity of narcotics involved, and the applicant’s active participation, this Court does not find a fit case to release the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Mukesh Tiwari @ Bablu Tiwari, involved in Crime No. 152/2024 registered at Police Station Ghumka, District- Rajnandgaon (C.G.), for the offence punishable under Section 20(b)(ii)(c) and 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