1 2026:CGHC:7897 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1560 of 2026 Nilamber Nayak S/o Lakshman Nayak , Aged About 25 Years R/o Village Pipalguda, Police Station Jaipatna, District- Kalahandi (Odisha) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Devbhog, District- Gariyaband (C.G.) ... Respondent For Applicant : Smt. Jyoti Kaushik, Advocate. For Respondent/State : Ms. Nupur Trivedi, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12/02/2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.133/2025, registered at Police Station: Devbhog, District- Gariyaband (C.G.) for the offence punishable under Section 20 (b)(ii) (C) of Narcotics Drugs and Psychotropic Substance Act. (As Per Charge Sheet). GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.18 16:09:08 +0530 2 2. The case of the prosecution is that on 16.05.2025, as per secret information, the Police of Police Station Devbhog, District Gariyaband seized 56.660 Kgs of Ganja from the joint possession of applicant and other co-accused persons, which led to the registration of alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 16.05.2025. She further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. She also submits that the conclusion of the trial may take quite long time. Accordingly, she prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the quantity of contraband article i.e. 56.660 Kgs of Ganja recovered from the joint possession of the applicant and other accused persons, which is much above the commercial quantity as notified under the NDPS Act. She would further submit that bail application of three co-accused persons have been rejected by this Court namely Ganesh Nayak in MCRC No.10333/2025 on 15/12/2025, Balbhadra Nayak in MCRC No.1002/2026 on 29/01/2026 & Kurtik Barik in MCRC No.10211/2025 on 06/02/2026, as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. From perusal of the case diary, it transpires that the contraband article i.e. 56.660 Kgs of Ganja recovered from the joint possession of the applicant and other accused persons is much above the prescribed commercial quantity threshold and counsel for the applicant has failed to give plausible explanation regarding the same, it cannot be a case of false implication, further the fact that bail application of three co- accused persons have been rejected by this Court namely Ganesh Nayak in MCRC No.10333/2025 on 15/12/2025, Balbhadra Nayak in MCRC No.1002/2026 on 29/01/2026 & Kurtik Barik in MCRC No.10211/2025 on 06/02/2026, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant-Nilamber Nayak, involved in Crime No.133/2025, registered at Police Station Devbhog, District- Gariyaband (C.G.) for the offence punishable under Section 20 (b)(ii)(C) of Narcotics Drugs and Psychotropic Substance Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice gouri