1 2026:CGHC:23078 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3478 of 2026 Shyam Singh @ Halle Singh S/o Prem Singh, Aged About 29 Years R/o Village Gunji Ps Hindoria District Damoh (M.P.) ...Applicant versus State Of Chhattisgarh Through Sho Grp Bilaspur, Distt. Bilaspur (C.G.) ...Non-applicant For Applicant : Mr. Dheerendra Pandey, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.05.2026 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. 42/2024 registered at Police Station – GRP Bilaspur, District. Bilaspur, for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.05.15 18:32:31 +0530 2 2. The prosecution story in brief, is that, on 23.04.2024 on the basis of received secret information from the mukhbir near the platform no. 04 & 05 Nagpur end in railway station Bilaspur 16 Kg Ganja recovered from the possession of the Lalchand and 08 Kg of Ganja recovered from the possession of the SSIO Shyam Singh @ Halle Singh i.e. present applicant thus 24 Kg of ganja recovered from the possession of the both the accused person and registered aforesaid offence against the applicant & co- accused. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the mandatory provisions of the NDPS Act, particularly Sections 42, 50 and 55, have not been duly complied with by the investigating agency, which creates serious doubt regarding the fairness of the alleged search and seizure proceedings. It is further submitted that though the police allegedly seized 8 kilograms of ganja and extracted 50 grams for sample, the procedure relating to proper sorting and deposit of the remaining seized contraband was not followed, thereby vitiating the prosecution case. Learned counsel further submits that the implication of the applicant is based solely on the memorandum statement of the co-accused, which is not substantive and admissible evidence against the applicant. It is also submitted that the applicant has been in judicial custody since 22.03.2024, and no useful purpose would be served by his further detention. 3 Learned counsel contends that the applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with prosecution witnesses, and he is ready and willing to furnish adequate surety and abide by all such terms and conditions as may be imposed by this Hon’ble Court while granting bail. 4. On the other hand, learned State counsel opposed the bail application and submitted that the applicant is involved in a serious offence under the provisions of the NDPS Act involving commercial quantity of contraband. It is contended that the contraband was recovered from the conscious possession of the applicant and the seizure was effected strictly in accordance with the procedure prescribed under the NDPS Act, therefore, applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature and gravity of the allegations, and the material available on record, it is evident that contraband ganja weighing 24 kilograms has been seized from the joint possession of the applicant, which prima facie falls within the category of commercial quantity under the provisions of the NDPS Act. The applicant has failed to furnish any satisfactory explanation regarding their possession of the said 4 contraband. The recovery of such a substantial quantity of ganja prima facie indicates their involvement in illicit trafficking of narcotic substances, which constitutes a serious offence under the NDPS Act. Considering the gravity of the offence, the statutory rigour contained in Section 37 of the NDPS Act, and the material available on record, this Court does not find any sufficient ground to extend the benefit of bail to the applicant. 7. Accordingly, the bail application of the applicant – Shyam Singh @ Halle Singh, involved in Crime No. 42/2024 registered at Police Station – GRP Bilaspur, District - Bilaspur, for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Vaibhav