1 2026:CGHC:9221 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1849 of 2026 Durgesh Kumar Sahu S/o Sohan @ Laxman Sahu Aged About 20 Years R/o Gali No. 07, Shatabdi Nagar, Police Station- Telibandha, District- Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Singhoda, District- Mahasamund, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Abhishek Vinod Deshmukh, Advocate. For Respondent(s) : Mr. Saurabh Sahu, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/02/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 67/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Singhoda, District- Mahasamund (C.G.), for the offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 07.08.2025, acting on secret information, the police intercepted a grey KIA car bearing registration No. CG 10 BJ 5828 near NH-53, Village Rehtikhol. Upon search, conducted after serving notice under Section 50 of the NDPS Act, a total of 45 kilograms of illegal contraband ganja (15 kg in a white plastic sack and 30 kg in two green plastic sacks) was recovered from the vehicle, which was allegedly being transported from Odisha to Raipur, Chhattisgarh. The contraband was found in the joint possession of the accused, Gagan Singh @ Anmol Singh Bhatiya, along with co-accused persons. Accordingly, Crime No. 67/2025 was registered at Police Station Singhoda under Sections 20(b) and 29 of the NDPS Act. After completion of investigation, charge-sheet has been filed and the matter is pending for consideration on charge. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case, having no nexus with the alleged incident. He further submits that no contraband was seized from the conscious possession of the applicant in connection with the present crime and he has been falsely implicated in the instant FIR. The car was allegedly 3 stopped by the police for routine checking and the original documents were demanded, however, as the applicant and co- accused could not immediately produce the same, a dispute arose with the police officials, and due to said altercation, the applicant has been falsely implicated in the present case. The applicant is in jail since 07.08.2025 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 bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the Police recovered 45 kilograms of illegal contraband ganja (15 kg in one white plastic sack and 30 kg in two green plastic sacks) from the vehicle, which was allegedly being transported from Odisha to Raipur, Chhattisgarh, and the quantity of contraband ganja seized from the joint possession is much above the commercial quantity as notified under the NDPS Act and as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the records, it prima facie appears that the on 07.08.2025, acting upon secret information, the police intercepted a grey KIA car bearing registration No. CG 10 BJ 5828 near NH- 4 53, Village Rehtikhol, and upon compliance of Section 50 of the NDPS Act and conducting search in presence of witnesses, recovered 45 kilograms of contraband ganja (15 kg and 30 kg in separate plastic sacks) from the joint possession of the applicant and co-accused persons, indicating prima facie involvement of the applicant and co-accused in the illicit trafficking of narcotic substances. The recovered quantity being much above the notified commercial quantity, and it is an organized crime, therefore, in view of the seriousness of the offence, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant - Durgesh Kumar Sahu, involved in Crime No. 67/2025 registered at Police Station Singhoda, District- Mahasamund (C.G.), for the offence punishable under Section 20(b)(ii)(c) 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil