1 2026:CGHC:8825 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1757 of 2026 Niranjan Swain S/o Ashok Kumar Swain Aged About 38 Years R/o M.G. Road, Aska, District Ganjam, State- Odisha, India, Pin- 761110. ... Applicant versus State Of Chhattisgarh Through Officer In Charge, Police Station Komakhan, District Mahasamund C.G. Pin- 493448. ... Non-applicant For Applicant : Mr. Rahul Jaiswal, Advocate. For Non-applicant : Ms. Anusha Naik, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.02.2026 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. 66/2025 registered at Police Station – Komakhan, District Mahasamund (C.G.), for the offence punishable under Sections 20(b) of the NDPS Act 1985. 2. The case of the prosecution, in brief, is that on 07.06.2025, the police, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.20 13:52:04 +0530 2 acting on secret information, intercepted a passenger bus at Temri Naka, Mahasamund and allegedly seized 30 kilograms of ganja from three trolley bags carried by three persons travelling in the said bus. The applicant was not travelling in the said bus; however, on the basis of the statements of co-accused persons and mobile phone tracking, the applicant was immediately brought by the police from Khariar Road Bus Stand, Odisha to the spot of seizure. Thereafter, search, seizure, weighing and other investigative procedures were conducted by the police on the same day and at the same place (Temri Naka), and the applicant was arrested at about 11:00 AM on 07.06.2025. Subsequently, First Information Report No. 66/2025 (Annexure A/2) was registered at Police Station Komakhan. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any offence. It is submitted that as neither any narcotic substance was recovered from his possession nor was he present at the place of alleged seizure, and his implication is based only on the unconfirmed memorandum statements of co-accused persons, which have no evidentiary value in law. The prosecution has not attributed any specific role to the applicant, and no material evidence demonstrating his direct involvement has been adduced even after filing of the charge-sheet. The timeline reflected in the prosecution records appears inherently doubtful and raises serious questions regarding the authenticity of the investigation. The alleged contraband was recovered from other accused persons and not from the applicant, and therefore the rigours of the NDPS Act are not attracted in his case. The applicant is in custody for a considerable period, the trial is likely to 3 take a long time, and further detention serves no useful purpose as the investigation is complete. He is a permanent resident, has no likelihood of absconding or tampering with evidence, and undertakes to cooperate with the trial and comply with all conditions imposed by the Court. Continued incarceration would cause severe financial and personal hardship to his dependent family and would prejudice his right to effectively defend himself during trial; hence, he is entitled to be enlarged on bail. 4. Learned State counsel opposes the bail application and submits that, acting on secret information, the police intercepted a passenger bus at Temri Naka, Mahasamund and seized 30 kilograms of ganja from three trolley bags carried by the co-accused persons. The present applicant was apprehended on the basis of the statements of the co-accused and mobile phone tracking and was brought from Khariar Road Bus Stand, Odisha to the spot of seizure, whereafter he was arrested and FIR No. 66/2025 was registered at Police Station Komakhan. Considering the gravity of the offence and the material collected during investigation, the applicant is not entitled to 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, the nature and gravity of the offence, and the fact that a large quantity of contraband (ganja) has been seized, the name of the applicant has surfaced in the memorandum statements of the co-accused. Acting on secret information, the police intercepted a passenger bus at Temri Naka, Mahasamund and seized 30 kilograms of ganja from three trolley bags 4 carried by the co-accused persons. The present applicant was apprehended on the basis of the statements of the co-accused and mobile phone tracking and was brought from Khariar Road Bus Stand, Odisha to the spot of seizure. The quantity seized is much above the commercial quantity prescribed under the NDPS Act. In view of the aforesaid facts and circumstances, and considering the seriousness of the offence, the statutory rigours involved, and the material available on record, this Court is of the prima facie opinion that the recovery of such a substantial quantity indicates the applicant’s involvement in illicit trafficking of narcotic substances. Without expressing any opinion on the merits of the case, no sufficient ground is made out for grant of bail at this stage. Accordingly, the bail application stands rejected. 7. Accordingly, the bail application of the applicant – Niranjan Swain, involved in Crime No. 66/2025 registered at Police Station – Komakhan, District Mahasamund (C.G.), for the offence punishable under Sections 20(b) of the NDPS Act 1985, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Vaibhav