1 2026:CGHC:22323 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4442 of 2026 1 - Narotam Behera S/o Govind Behera Aged About 40 Years R/o Balisahi, Police Station Chhendipada, District Angul, Odisha, 2 - Shiv Sahu S/o Vishwanath Sahu Aged About 40 Years R/o Balisahi, Police Station Chhendipada, District Angul, Odisha, 3 - Shushil Kumar Sahu S/o Neelkanth Sahu Aged About 34 Years R/o Balisahi, Police Station Chhendipada, District Angul, Odisha, ... Applicant(s) versus 1-State of Chhattisgarh Through The S H O, Police Station Singhoda, District- Mahasamund, Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Siddharth Pandey, Advocate For Respondent(s) : Ms. Sameeksha Gupta, 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 applicants who have been arrested in connection with Crime No.20/2026 registered at Police Station - Singhoda Distt.- Mahasamund (C.G.), for the offence punishable VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.14 11:28:01 +0530 2 under Section 20(b)(ii)C and Section 29i of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 24.02.2026, information was received by the officials of the Police Station Singhoda, District Mahasamund, who intercepted two vehicles, namely Maruti Suzuki Eeco OD-19-T-6003 and Toyota Etios MH-01-BK-4102 near NH-53, Rehtikhol. Upon due compliance of statutory provisions under the NDPS Act, 1985, search in the presence of witnesses was carried out and the Toyota Etios vehicle was searched, from which five plastic bags containing contraband (Ganja) were recovered. On weighment, the total quantity of contraband was found to be 137 kilograms. During the investigation, on the basis of the memorandum statements of the co- accused persons, it was revealed that the contraband was procured from Odisha and was being transported to Maharashtra for monetary consideration, and the present accused persons were allegedly involved in the said act, including transportation and facilitation. Thereafter, on such basis, an FIR bearing Crime No. 20/2026 was registered against the present applicants and the co-accused persons under sections 20(b)(ii)(c) and 29(1) of the NDPS Act 1985, and the present applicants and other co- accused persons were arrested on 24.02.2026. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It is further contended that only on the basis of memorandum statement of the co-accused persons, present applicants are implicated in crime in question and there is no independent and corroborative evidence available on record connecting the present applicants with the alleged offence. He further submits that mandatory provisions of the NDPS Act have not been 3 strictly complied with particularly with respect to procedural safeguards during search and seizure, thereby vitiating the prosecution’s case. He later submits that the applicants have no criminal antecedents and they are in jail since 24.02.2026 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 not been filed in the present case before the competent Court and submits that the applicant has no criminal antecedent. She further submits that total 137 kilograms of contraband substance, i.e., Ganja, was seized from the possession of the co-accused persons, the present applicants were merely piloting the said vehicle, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that though the contraband article, which has been recovered from the possession of the co-accused i.e.137 kilograms of Ganja is more than the commercial quantity and on the basis of memorandum statement name of the present applicants are came into light, further more the present applicants were piloting the said vehicle, 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 applicants. 7. 8. 7. 8. Accordingly, the bail application of the applicant No.1- Narotam Behera, applicant No.2 - Shiv Sahu and applicant No.3 – Sushil Kumar Sahu involved in Crime No.20/2026 registered at Police 4 Station - Singhoda Distt.- Mahasamund (C.G.), for the offence punishable under Section 20(b)(ii)C and Section 29i of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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