1 2026:CGHC:6379 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1256 of 2026 Krishna Kumar Kahra S/o Mr. Ghasiya Ram Kahra Aged About 25 Years Permanent Address - Village - Durpa, P.S. Shivrinarayan, District - Janjgir Champa Chhattisgarh ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Sarsiwa, District - Sarangarh-Bilaigarh, Chhattisgarh ... Respondent For Applicant : Shri Arpit Parakh, Advocate. For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/02/2026 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.12/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.05 14:44:25 +0530 2 Sarsiva, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 20 (b) (ii) (c) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 08.01.2025 the police received information regarding illegal transportation of ganja from Saraipali towards Sarsiva in a white Swift car, allegedly piloted by two persons on a Hero Super Splendor motorcycle. Acting thereon, the police intercepted the motorcycle and apprehended Vijay Kumar Kewat and Krishna Kumar Kahra, who allegedly disclosed that their associates were following them in a Swift car. Thereafter, white Swift car bearing registration No. CG-04-QB- 1278 was intercepted, in which three persons-Sandeep Kumar Sahu, Hemant Kumar Kewat, and Tiharu Ram Verma were found. Upon search, 45 packets of ganja weighing 45.780 kg were allegedly recovered from the dicky of the car. The Swift car, motorcycle, and a mobile phone were seized, and on this basis all the accused have been implicated for the offence under Section 20(b) of the NDPS Act, 1985. 3. Learned counsel for the applicant submits that no contraband has been recovered from the applicant, and in the absence of any recovery, the rigors of Section 37 NDPS Act stands diluted. He would submit that the allegation of piloting is based purely on assumption and conjecture, unsupported by any independent or substantive evidence. He would submit that the applicant was not present in the Swift car from which ganja was allegedly seized, 3 and this fact stands admitted by the prosecution itself. He would submit that independent witnesses have turned hostile. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 09/01/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/respondent would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She would further submit that allegation against the applicant is that he was piloting the Swift car from which ganja 45.780 kg were allegedly recovered from the dicky of the car, which is above the commercial quantity and as such, the applicant is not entitled to be released on 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, considering the fact that allegation against the applicant is that he was piloting the Swift car from which ganja 45.780 kg were allegedly recovered from the dicky of the car, which is above the commercial quantity, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant Krishna Kumar Kahra, involved in Crime No.12/2025 registered at Police Station Sarsiva, District – Sarangarh-Bilaigarh (C.G.) for the offence 4 punishable under Section 20 (b) (ii) (c) of Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/-- Sd/- (Ramesh Sinha) Chief Justice gouri