1 2026:CGHC:22084 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3284 of 2026 Praveen Kumar Kushwaha S/o Ramsusheel Kushwaha, Aged About 24 Years R/o Ward No. 16a/204, Garudwara Market P.S. Jayant, District- Singrauli (M.P. ... Applicant(s) versus State Of Chhattisgarh Through OfÏcer-In Charge Of Police Station- Komakhan, District Mahasamund (C.G.) ... Non-applicant(s) For Applicant : Mr. Mohit Kumar, Advocate through (V.C.) For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/05/2026 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. 65/2025 registered at Police Station Komakhan, District - Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story, in brief, is that on 01.06.2025, during vehicle checking at Temri Naka, police ofÏcials received secret information KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 that three persons were transporting illegal contraband ganja in a white Swift Dzire car bearing registration No. MP 13 TA 3964 from Odisha towards Mahasamund for the purpose of sale. Acting upon the information, the police laid a barricade and attempted to stop the vehicle; however, the occupants allegedly broke the stopper and tried to flee. After a chase, the vehicle was intercepted near Bhilaidadar Mod, where three persons attempted to escape, out of whom accused Praveen Kumar Kushwaha was apprehended. Upon interrogation, he allegedly disclosed that he, along with co-accused Sachin Thakur and Nihal Kumar, had jointly purchased ganja from Odisha to transport the same to District Singrauli, Madhya Pradesh, for selling it in small packets. On search of the vehicle, 26 kilograms of ganja valued at Rs. 3,90,000/- was recovered from two plastic sacks kept in the rear dickey of the car. Since the recovered contraband falls within commercial quantity, offence under Section 20(b) of the NDPS Act was registered against the accused, while the other two co-accused persons are still absconding. 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 no recovery of the alleged contraband or any incriminating material has been made from the conscious possession of the present applicant and there is no independent or reliable evidence available on record to substantiate the prosecution story. It is further submitted that there is no material to show that the applicant was involved in the sale, purchase, transportation or possession of the alleged contraband so as to attract the 3 ingredients of Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. He further submits that the investigation has already been completed and charge-sheet has been filed before the competent Court, therefore, custodial interrogation of the applicant is no longer required. It is also argued that the trial is likely to take considerable time to conclude and continued detention of the applicant would amount to pre-trial punishment. The applicant is in judicial custody since 01.06.2025. Accordingly, he prays for enlarging the applicant on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the applicant is involved in a serious offence under the provisions of the NDPS Act involving recovery of above commercial quantity of contraband ganja weighing 26 kilograms from the vehicle in possession of the accused persons. It is further submitted that the present applicant was apprehended at the spot while the other co-accused persons managed to flee away and are still absconding. She further contends that the material collected during investigation clearly indicates the complicity of the applicant in the illegal transportation and proposed sale of the contraband substance. Considering the nature and gravity of the offence, the commercial quantity involved, and the bar contained under Section 37 of the NDPS Act, it is argued that the applicant is not entitled to be released on bail. Hence, she has prayed for rejection of the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. From perusal of the case diary, it transpires that 26 kilograms of contraband ganja, which is above commercial quantity, has been seized from the vehicle being used jointly by the present applicant along with the co-accused persons. The material collected during investigation prima facie indicates the involvement of the applicant in the transportation of the contraband substance. Two co-accused persons are still absconding and the applicant has failed to furnish any satisfactory explanation regarding the seizure of such huge quantity of contraband from the vehicle in question. Considering the nature and gravity of the offence, the bar contained under Section 37 of the NDPS Act and the facts and circumstances of the case, this Court does not find it to be a fit case for grant of regular bail to the applicant. 7. Accordingly, the bail application of the applicant – Praveen Kumar Kishwaha, filed under Section 483 of the B.N.S.S., involved in Crime No. 65/2025 registered at Police Station Komakhan, District - Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial 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. - Sd/- (Ramesh Sinha) Chief Justice Kunal