1 2026:CGHC:14118 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1747 of 2026 Chandrashekhar Sahu S/o Dinesh Sahu Aged About 36 Years R/o Village Salkhand, P.S. Basna, Distt. Mahasamund, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through District Magistrate Janjgir Champa, Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. Ashutosh Trivedi, Advocate For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.03.2026 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. 09/2026 registered at Police Station Shivrinarayan, District Janjgir- Champa (C.G.) for the offence under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, as reflected from the impugned order, on 05.01.2026, the police station received credible secret information that two persons were travelling from Shivrinarayan to KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Bilaspur for the purpose of delivering contraband (ganja) to a supplier at Bilaspur, acting upon the said information, the police party promptly organized a trap at the indicated location and intercepted the vehicle, whereupon the present applicant along with a co-accused was apprehended and upon search of the vehicle, illegal contraband ganja weighing 15.700 kilograms was recovered from their conscious possession. It is further alleged that after effecting the seizure in accordance with law, the police arrested the applicant along with co-accused, conducted formal interrogation and thereafter produced them before the competent Court and on the basis of the said seizure and other incriminating material, the offence has been registered and investigation set into motion, culminating in filing of the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and is entitled to the presumption of innocence until proven guilty and has been falsely implicated in the present case, as the alleged recovery is fabricated inasmuch as the applicant was detained prior to the alleged date of seizure. It is further submitted that the applicant has no connection with the co-accused persons and there is no material to establish his conscious possession or any conspiracy under Section 29 of the NDPS Act and that the alleged quantity of 15.700 kg of ganja is below the commercial quantity threshold, thus the rigours of Section 37 of the NDPS Act are not attracted. It is also contended that the applicant has no criminal antecedents and being a police personnel who has previously worked against drug offenders, his implication is highly 3 improbable and he is a permanent resident having deep roots in society and is the sole bread earner of his family, therefore, he deserves to be enlarged on bail. He also submits that the applicant has no criminal antecedents and he is in jail since 05.01.2026 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the present applicant Chandrashekhar Sahu was apprehended with conscious possession of 15.700 kilograms of contraband ganja, however which is below commercial quantity and his active involvement in illegal procurement, transportation and supply is duly corroborated by the memorandum statements of co-accused Vimal Kumar and Akhil Kumar Jaiswal, thereby prima facie establishing his complicity in an organized illicit trafÏcking network, hence the bail application deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that in the present bail application the charge-sheet has been filed before the competent Court and as per the case diary the implication of the present applicant Chandrashekhar Sahu is primarily based upon the memorandum statements of co-accused namely Vimal Kumar and Akhil Kumar Jaiswal, wherein it is alleged that the applicant had contacted them for procurement and 4 transportation of ganja and further considering that the contraband article i.e. 15.700 kilograms of ganja has been recovered from the possession of the present applicant along with co-accused, is less than commercial quantity and also taking into account that the applicant has no criminal antecedents and is in custody since 05.01.2026 and the conclusion of trial is likely to take considerable time, this Court is of the considered view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the Applicant – Chandrashekhar Sahu, involved in Crime No. 09/2026 registered at Police Station Shivrinarayan, District Janjgir- Champa (C.G.) for the offence under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient 5 cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 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 Kunal