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2026 DAILYLAW 19402 (CHH)

PRADEEP KUMAR v. STATE OF CHHATTISGARH

MCRC/4444/2026 · 2026-05-11

body2026

Judgment text

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1 2026:CGHC:22377 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4444 of 2026 • Pradeep Kumar S/o Subhashchandra Aged About 31 Years R/o Village Kanoh P.S. Agroha, District Hisar H.R. ... Applicant(s) versus • State of Chhattisgarh Through Police Station Keregaon, District Dhamtari Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Sanjay Agrawal, Advocate For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/05/2026 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.74/2024 registered at Police Station Keregaon Distt.- Dhamtari (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 11.12.2024, during patrolling and checking near Siyari Pulia within the jurisdiction of Police Station Keregaon, District Dhamtari, the police received VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.14 11:28:02 +0530 2 information about a vehicle accident. Upon reaching the spot, it was found that a Mahindra XUV 500 bearing registration No. HR-26-BU- 9823 had overturned. Upon search, the police seized 67 packets of Ganja 4 packets from the vehicle and 63 packets from the forest area in open place weighing about a total of 349.120 kg, it is further alleged that the applicant, namely Pradeep Kumar, was found hiding in the nearby forest. On the basis of the said seizure, a case bearing Crime No. 74/2024 was registered under the NDPS Act against the applicant and he was arrested. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He further submits that applicant has not played any active role in committing the said offence. He further submits that the applicant has no criminal antecedent and he is in jail since 11.12.2024 and the 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 counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and submits that the applicant has no criminal antecedent. She further submits that from the possession of the applicant contraband article i.e. 67 packets of Ganja 4 packets from the vehicle and 63 packets total weighing about a total of 349.120 kg, which is above the commercial quantity, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. From perusal of the case diary, it appears that although the contraband recovered from the possession of the applicant i.e., 349.120 kg is above the commercial quantity prescribed under the NDPS Act, the applicant has failed to furnish any explanation regarding the said recover, further it cannot be a case of false implication, the trial is in progress, therefore, this Court is not inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant- Pradeep Kumar, involved in Crime No.74/2024 registered at Police Station Keregaon Distt.- Dhamtari (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 Vaishali