1 2026:CGHC:23003 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4572 of 2026 Kamran Arif Sheikh S/o Shri Arif Sheikh Aged About 22 Years R/o Sadar Bazar Bhingar Nagar, P.S. Bhingar Champ, Ahmad Nagar Maharastra ... Applicant versus State Of Chhattisgarh Through Police Station Singhoda, Saraipali, District - Mahasamund Chhattisgarh ... Non-applicant For Applicant : Mr. Direndra Prasad Mishra, Advocate. For Non-Applicant/State : Ms. Ritika Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.05.2026 1. This is the 2nd 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.87/2023 registered at Police Station – Singhoda, SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.05.15 17:37:02 +0530 2 District- Mahasamund (C.G.), for the offence under Section 20(B) of the NDPS Act. The earlier application was rejected vide order dated 11.01.2024 passed in M.Cr.C No.25/2024. 2. As per the brief prosecution story, on 27.10.2023 at about 8:30 PM, upon receiving secret information from an informer, the S.H.O., Singhoda, intercepted a Toyota Innova bearing Registration No.MH-12-CY-4778 on N.H.-53 near Village Rehtikhol, Saraipali, District Mahasamund. During search of the vehicle, about 40 kilograms of contraband Cannabis (Ganja) was allegedly recovered from the joint possession of the present Applicant. Based on these allegations, the aforesaid offence was registered against the present Applicant. Hence this application. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is further submitted that the present Applicant was the passenger of the seized vehicle from which the contraband article ganja was seized, the independent witnesses namely Jitendra Mehere, (PW-1) and Rashul Mohammad (PW-2) have not supported the case of the prosecution and turned hostile. It is further submitted that the Applicant is languishing in jail since 27.10.2023 and the trial is likely to take considerable time for its conclusion before the 3 trial court, therefore, he may be granted regular bail. 4. On the other hand, opposing the prayer for regular bail, learned Counsel for the State submits that the allegations against the Applicant are serious, involving recovery of a substantial quantity of ganja, approximately 40 kilograms. It is further submitted that there are total 15 witnesses and custodial interrogation of the Applicant is, therefore, necessary to enable effective investigation. Accordingly, it is prayed that the application for regular bail be rejected and the Applicant be directed to remain in judicial custody pending further investigation and trial. It is also submitted that against the dismissal of the first bail application, the present Applicant had preferred SLP (Crl.) No.66631/2025 before the Hon’ble Supreme Court, which came to be dismissed as withdrawn on 24.11.2025. 5. Upon perusal of the case diary and the material on record, this Court observes that the allegations against the Applicant are grave, involving the recovery of approximately 40 kilograms of ganja from the joint possession of the Applicant and a co-accused. The offence falls under the provisions of the NDPS Act, which carries significant statutory consequences and is required to be dealt with strictly in accordance with law. The recovered narcotic substance, 4 being of substantial quantity, underscores the seriousness of the offence and the potential impact on public health and safety. The investigation in the present case is still at a crucial stage. Only three out of eighteen prosecution witnesses have been examined so far and important aspects of the case including identification of co-accused and collection of corroborative evidence, remain incomplete. Custodial interrogation of the Applicant is, therefore, necessary for effective and proper investigation. It is also noted that an earlier bail application by the Applicant had been considered and rejected by this Court, indicating the continuing gravity of the allegations and the need for judicial control over the investigative process. While the period of incarceration already undergone by the Applicant exceeds two years and 6 months, this alone cannot be treated as a ground for bail in a matter of such seriousness. 6. Recently the Hon’ble Supreme Court in the matter of Union of India (UOI) Vs. Vigin K. Varghese (Special Leave Petition (Cri.) Nos.7768 of 2025 and 11097 of 2025) decided on 13.11.2025 has observed that in NDPS commercial-quantity cases, long incarceration cannot, by itself, be a ground for bail. Upon being queried regarding the status of the trial, learned Counsel for the Applicant was 5 unable to satisfactorily explain the same, nor has any order- sheet pertaining thereto been annexed herewith. 7. Considering the fact that the contraband article i.e. ganja, which was recovered from the joint possession of the Applicant was above the commercial quantity, further considering that the first bail application of the Applicant was rejected on merits by this Court, further the fact that trial is in progress and also in the light of observation made by the Hon’ble Supreme Court in Vigin K. Varghese (supra) that in NDPS commercial-quantity cases, long incarceration cannot, by itself, be a ground for bail, therefore, I do not find any good ground to entertain this second bail application. 8. Accordingly, the bail application of the Applicant – Kamran Arif Sheikh involved in Crime No.87/2023 registered at Police Station – Singhoda, District- Mahasamund (C.G.), for the offence under Section 20(B) of the NDPS Act, is hereby rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya