1 2026:CGHC:14098 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2099 of 2026 • Deepak Sharma S/o Jaidev Sharma Aged About 24 Years R/o- Village Madhupur (Jhapri), Police Station- Robertsganj, District- Sonbhadra (U.P.) ... Applicant(s) versus • State of Chhattisgarh Through- Station House Officer, Police Outpost Wadrafnagar, P.S. Basantpur District- Balrampur-Ramanujganj (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Amarnath Pandey, Advocate For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24.03.2026 1. This is First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No.188/2025 registered at Police Outpost – Wadrafnagar, Police Station – Basantpur, District – Balrampur-Ramanujganj (U.P.) for the offence punishable under Sections 20(b) ii (B) and 29 of NDPS Act. 2. Case of the prosecution, in brief, is that on 11.10.2025 the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.25 17:31:28 +0530 2 Assistant Sub-Inspector of Police Outpost Wadrfnagar, Police Station Basantpur, received confidential information that two persons travelling in Shivshakti Mahendra Bus No. CG-30- E- 1048 from Ambikapur to Varanasi were carrying ganja in their bags for the purpose of sale. Acting upon the information, the police intercepted the bus near the main road at Wadrfnagar and questioned the persons seated on berths A-1 and A-2, who disclosed their names as Deepak Sharma and Nitish Chandra. Search of their bags led to recovery of 2.100 kg ganja each (total 4.200 kg). On finding prima facie evidence, both accused were arrested and offence under Section 20(b)(ii) (B) NDPS Act was registered. During investigation, it was found that Rs. 16,000/- towards sale consideration of the contraband was received through PhonePe from co-accused Bhagwan Sethi. His memorandum statement was recorded wherein he admitted purchase of ganja and payment through PhonePe. Consequently, Section 29 NDPS Act was added. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. It is further submitted that contraband allegedly recovered from the possession of the applicant is below than commercial quantity. The contraband allegedly recovered from the possession of the applicant is 2.100 kg and total contraband allegedly recovered from joint possession is 4.200 kgs. He also submits that applicant is in jail since 11.10.2025 and conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 3 4. On the other hand, learned counsel for the State opposes the bail application and submits that applicant is a resident of Uttar Pradesh and he has one criminal antecedent bearing crime No.656 of 2025 registered at police Station Ambikapur District – Surguja (C.G.) for offence under Section 20(b)(ii)B of NDPS Act and a bail application of present applicant in the said case is pending from consideration before this Court, it appears that applicant is a habitual offender and in the present case contraband article i.e., total 4.200 kgs of Ganja has been seized from the joint possession of the applicant and co-accused. Thus, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submission made by learned counsel for the parties and also considering the fact that applicant is a habitual offender and he has one criminal antecedents bearing crime No.656 of 2025 registered at police Station Ambikapur District – Surguja (C.G.) for offence under Section 20(b)(ii)B of NDPS Act and quantity of contraband article i.e., total 4.200 kgs of Ganja has been seized from the joint possession of the applicant and co-accused, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this bail application of applicant – Deepak Sharma, involved in Crime No.188/2025 registered at Police Outpost – Wadrafnagar, Police Station – Basantpur, District – Balrampur- Ramanujganj (U.P.) for the offence punishable under Sections 4 20(b) ii (B) and 29 of NDPS Act, is rejected at this stage. 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali