1 2026:CGHC:8837 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1693 of 2026 Prem Prakash Patel S/o Late Narad Prasad Patel Aged About 43 Years R/o Parasdiha, P.S. Basantpur, Distt. Balrampur Ramanujganj, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Lundra, Distt. Surguja, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Rahul Mishra, Applicant For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. 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 short, ‘BNS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 260/2024 registered at Police Station – Lundra, District Surguja (C.G.), for the offence punishable under Sections 20(C) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’). 2. The prosecution's case, in brief, is that on 15.11.2024, upon receipt of secret information from an informant, the Police party proceeded to the indicated spot. It is alleged that a Creta car bearing registration No. CG- 13-AG-0995, occupied by one Md. Sadam and coming from Pathalgaon, was intercepted. Another vehicle, i.e., a Maruti Swift bearing registration No. CG-14-MS-0241, in which co-accused Sanjay Patel and the present applicant were travelling, was also found stationed near Village Silsila, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.19 18:15:59 +0530 2 and both the vehicles were allegedly involved in illegal transportation and dealing of contraband. Upon search, the Police allegedly recovered 20 kilograms of contraband from the Maruti Swift car and 17.360 kilograms of Ganja from the Creta car, allegedly belonging to co-accused Sanjay Patel and Md. Sadam. After seizure and completion of necessary formalities, the offence was registered against the present applicant and other co-accused persons for the offence punishable under Section 20(C) of the NDPS Act. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the instant case. It is contended that the charge-sheet has already been filed and the applicant is in judicial custody since 16.11.2024. Therefore, further custodial interrogation of the applicant is not required and he is entitled to be enlarged on bail. It is further submitted that the mandatory provisions of the NDPS Act have not been duly complied with by the investigating agency. According to learned counsel, there has been non-compliance of the statutory safeguards prescribed under the Act, which vitiates the entire search and seizure proceedings and, consequently, renders the prosecution case doubtful. As such, the applicant be released on bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that in the present matter the charge- sheet has been submitted before the competent Court. She further submits that the bail of other co-accused person, namely, Naresh Yadav in MCRC No.10035/2025 has already been rejected by this Court, vide order dated 08.12.2025, therefore, the bail application of the present applicant is also entitled to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case and the fact that the bail of other co-accused person, namely, Naresh Yadav in MCRC No. 10035/2025 has already been rejected by this Court, vide order dated 08.12.2025 on merits, therefore, the bail application of the present applicant is also entitled to be rejected on the ground of parity. 7. Accordingly, the bail application of the applicant – Prem Prakash Patel filed under Section 483 of the BNSS, involved in Crime No. 260/2024 registered at Police Station – Lundra, District Surguja (C.G.), for the offence punishable under Sections 20(C) of the NDPS Act, 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 Abhishek