1 2026:CGHC:23338 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4632 of 2026 Shivam Gupta S/o- Shri Balesh Gupta Aged About 21 Years R/o- Village Manikpur, District- Jaunpur, Uttar Pradesh-222165 ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Tapkara, District - Jashpur (C.G.) ... Non-applicant For Applicant : Mr. Surit Chaubey, Advocate(through V.C.). For Non-applicant : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.05.2026 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. 04/2025 registered at Police Station – Tapkara, District - Jashpur (C.G.), for the offence punishable under Sections 20(b) & 29 of the NDPS Act. 2. As per the prosecution case, on 12.01.2025, Police Station Tapkara, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.05.18 11:20:24 +0530 2 District Jashpur (C.G.), received secret information that a white Swift car bearing registration No. MP-09-CM-8238 was being used for transportation of illicit ganja from Odisha to Uttar Pradesh. Acting on the said information, the police allegedly intercepted the vehicle on Tapkara–Ghumra Bandega road at about 13:20 hours and, upon search, recovered 46 packets containing 92.995 kilograms of ganja from inside the car. The present applicant Shivam Gupta, along with co-accused Suraj Gautam, was found present in the said vehicle and was apprehended on the spot, though no specific role, ownership, or independent control over the contraband has been attributed to him. It is further the prosecution case that seizure proceedings, including preparation of seizure memo and sampling, were conducted at the spot and samples were sent for forensic examination. Accordingly, FIR Crime No. 04/2025 was registered under the NDPS Act, and after completion of investigation, charge-sheet has been filed under Sections 20(b)(i)(c) and 29 of the NDPS Act, alleging conscious possession and involvement of the applicant in transportation of commercial quantity of contraband ganja. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and there is no material on record to establish his conscious possession of the alleged contraband, as the prosecution has failed to show any element of knowledge, control or dominion over the same, which is an essential requirement under the NDPS Act. It is contended that the entire case rests merely on the alleged presence of the applicant in the vehicle from which recovery is said to have been made, and mere presence, in absence of conscious possession, cannot constitute an offence under the NDPS Act. It is 3 further submitted that the main accused, namely Shyam Sunder Pandey @ Mahakaal Pandey, along with co-accused Saurabh Kumar Gupta, who are alleged to be the actual persons involved in transportation, are still absconding, whereas the present applicant has been selectively implicated without any material showing ownership, control or nexus with the contraband. It is also submitted that mandatory provisions of Section 52A of the NDPS Act have not been complied with, as the sampling and seizure were not conducted under the supervision of a Magistrate, thereby vitiating the alleged recovery. Learned counsel further submits that the independent seizure witnesses, namely Digambar Chauhan (PW-1) and Dileep Rajak (PW- 2), have not supported the prosecution case and have stated that their signatures were obtained on blank or printed papers and that no contraband was recovered in their presence, which renders the entire seizure doubtful and unreliable. It is also contended that there is no independent corroborative evidence linking the applicant with the alleged offence, and the prosecution case is based merely on conjectures and assumptions. The applicant has clean antecedents, has been in judicial custody since 12.01.2025, is a permanent resident having movable and immovable properties, and there is no likelihood of his absconding or tampering with evidence, and he undertakes to abide by all conditions imposed by this Hon’ble Court. 4. On the other hand, learned State counsel opposed the bail application and submitted that sufficient material has been collected during investigation to prima facie establish the involvement of the present applicant in the commission of the offence. It is contended that on 12.01.2025, acting on secret information, the police intercepted the 4 vehicle bearing registration No. MP-09-CM-8238 and recovered 92.995 kilograms of ganja from inside the said vehicle, which is a commercial quantity under the NDPS Act. It is further submitted that the present applicant was found present in the said vehicle along with the co- accused at the time of interception, and the recovery was effected in accordance with law. Learned State counsel submits that the charge- sheet has already been filed under Sections 20(b)(i)(c) and 29 of the NDPS Act and there is prima facie material indicating conscious possession and involvement of the applicant in the transportation of contraband. Considering the gravity of the offence and the quantity involved, it is submitted that the applicant is not entitled to the benefit of 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 the offence, as well as the commercial quantity of ganja i.e. 92.995 kgs seized from the possession of the applicant and co- accused, which is much above the commercial quantity prescribed under the Schedule to the NDPS Act, and further noting that the applicant has failed to furnish any satisfactory explanation regarding the alleged contraband, the seizure of such a substantial quantity prima facie indicates the involvement of the applicant in the illicit trafficking of narcotic substances, which constitutes a serious offence under the NDPS Act. Considering the aforesaid facts and material available on record, this Court does not find any good ground to entertain the present bail application. 5 7. Accordingly, the bail application of the applicant – Shivam Gupta, involved in Crime No. 04/2025 registered at Police Station – Tapkara, District - Jashpur (C.G.), for the offence punishable under Sections 20(b) & 29 of the NDPS Act, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Vaibhav