1 2026:CGHC:22089 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3197 of 2026 Amit Kumar Tripathi S/o Late Rajdev Tripathi Aged About 36 Years R/o Bigahiya Byur, Saidabad Near Airtel Tower Police Station Handia Prayagraj Uttar Pradesh Pin- 221508. Presently Residing - Ward No.06, Jashpur Nagar Police Station- Jashpur Nagar District- Jashpur Chhattisgarh (Particulars Of The Applicant Is Mentioned Correctly And Father Name And Address Wrongly/ Mentioned In Order Impugned) --- Applicant versus State of Chhattisgarh Through- Police Station - Jashpur District- Jashpur (C.G.) --- Non-applicant Along with MCRC No. 3033 of 2026 1 - Dhirendra Madhukar S/o Kartal Singh Aged About 37 Years R/o Village- Malhar, Pachpedi, Police Station- Pachpedi, District- Bilaspur (C.G.) 2 - (Deleted) Amit Kumar Tripathi As Per Hon'ble Court Order Dated 09- 04-2026. --- Applicants Versus State of Chhattisgarh Through The Station House OfÏcer, Police Station- Jashpur, District- Jashpur (C.G.) --- Non-applicant For Applicants : Mr. Anmol Sharma, Advocate Mr. Paras Mani Shriwas, Advocate For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.05.2026 1. This is the First bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 74/2026 registered at Police Station – Jashpur, District- Jashpur (C.G.), for the offence punishable under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and under Section 238 of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story in brief is that on 28.02.2026, Assistant Sub- Inspector Jaisingh Ram Mirre received information from an informant that main accused Ravi Vishwakarma had kept a huge quantity of illegal narcotic substance ganja in his house. Upon receiving the said information, after informing the superior ofÏcers, the police party along with accompanying constables and independent witnesses reached the spot and conducted a search of the rented room of accused Ravi Vishwakarma. During the search, a total of 24 packets containing narcotic substance ganja kept inside a tin box were recovered from his room. Thereafter, identification and weighment proceedings of the seized contraband were conducted and the total weight of the recovered ganja was found to be 24.84 kilograms. During custodial interrogation, accused Ravi Vishwakarma disclosed that the said ganja had been brought and kept in his rented room by co-accused Sunil alias Govinda. He further disclosed that co-accused Sunil alias Govinda 3 had informed him that about one week prior thereto, accused/ present applicants, namely, Dhirendra Madhukar and Amit Kumar Tripathi had brought the said ganja in their car to Damera valley area and handed over 24 packets of ganja packed in plastic sacks to him. On the basis of the memorandum statement of accused Ravi Vishwakarma, co-accused Sunil Bhagat alias Govinda and the present applicants/accused persons namely Dhirendra Madhukar and Amit Kumar Tripathi were arrested in the matter. The documents relating to the vehicle car allegedly used in the commission of offence were also seized during the investigation. Hence, the present bail applications. 3. Learned counsel for the applicants submits that the applicants have falsely been implicated in the present case and prima facie no case is made out against them. It is further submitted that the applicants have no criminal antecedents and at the time of the alleged incident, they were discharging their ofÏcial duties as Constables at Police Station Tapkara, District Jashpur (C.G.), however, they have been falsely implicated by the prosecution authorities merely on the basis of the memorandum statement of the main accused namely Ravi Vishwakarma, who is a habitual offender. It is further submitted that no contraband substance has been seized from the possession of the present applicants and the entire seized ganja, which is more than commercial quantity, was recovered from the rented house of the main accused Ravi Vishwakarma, therefore no conscious or exclusive possession of the applicants over the seized contraband has been established. It is also submitted that no 4 independent witness has stated anything regarding the involvement of the present applicants in the alleged offence and the mandatory provisions of the NDPS Act have not been complied with by the concerned police ofÏcials during the course of investigation and arrest. It is also submitted that the applicants have been falsely implicated only to shield the real offenders and despite having committed no offence, the charge-sheet has been submitted before the competent Court, they are in jail since 02.03.2026 and the conclusion of the trial may take some time, therefore, they pray for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail applications of the present applicants and submits that a huge quantity of contraband ganja weighing 24.84 kilograms, which is more than commercial quantity, has been seized during the course of investigation from the rented room of the main accused Ravi Vishwakarma. It is further submitted that during custodial interrogation, the main accused specifically disclosed the involvement of the present applicants Dhirendra Madhukar and Amit Kumar Tripathi in transporting and supplying the seized contraband in a vehicle to the Damera Ghat area, from where the contraband was handed over and kept in the rented room of the main accused. He further submits that the documents relating to the vehicle allegedly used in the commission of offence have also been seized during investigation, which prima facie corroborates the involvement of the present applicants in the alleged offence. It is also submitted that the offence is serious in nature involving 5 commercial quantity of narcotic substance and, therefore, in view of the bar contained under Section 37 of the NDPS Act, the present applicants are 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, the nature and gravity of allegation levelled against the present applicants, the fact that a huge quantity of contraband ganja weighing 24.84 kilograms, which is above commercial quantity, has been seized during the course of investigation, and considering the memorandum statement of the main accused Ravi Vishwakarma specifically disclosing the involvement of the present applicants in transporting and supplying the contraband substance, as well as the seizure of documents relating to the vehicle allegedly used in the commission of offence, this Court is of the opinion that prima facie sufÏcient material is available against the present applicants. Further the fact that the alleged offence appears to have been committed in an organised manner involving multiple accused persons engaged in illegal transportation and distribution of narcotic substance. Looking to the seriousness of the offence, the bar contained under Section 37 of the NDPS Act, and the fact that the seized contraband is above commercial quantity, this Court is not inclined to enlarge the applicants on bail. 7. Accordingly, the bail applications of the applicants – Amit Kumar Tripathi and Dhirendra Madhukar, involved in Crime No. 74/2026 registered at Police Station – Jashpur, District- Jashpur 6 (C.G.), for the offence punishable under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and under Section 238 of the Bharatiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan