Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:22043
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4384 of 2026 Pintu Kumar Sahani S/o Kanhaiya Lal Sahani Aged About 23 Years R/o Village Khursipar, Ward No. 36, Bhilai, District- Durg (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through Police Station Khursipar, Bhilai, District- Durg (C.G.)
... Respondent(s) For Applicant(s) : Mr. Dhirendra Prasad Mishra, Advocate. For Respondent(s) : 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. 171/2024 registered at Police Station – Khursipar, Bhilai, District- Durg (C.G.), for the offence punishable under Section AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 20(b), 20(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution is that Police Station Khursipar, District Durg registered Crime No. 171/2024 under Sections 20(b), 20(c) and 29 of the NDPS Act against the accused persons. According to the prosecution, on 05.09.2024, Sub-Inspector Yuvraj Sahu received secret information that accused Pintu Kumar Sahni had illegally brought ganja from Odisha for sale and had stored the same near the house of co-accused G. Sarojani at Balaji Nagar, Khursipar. It was further informed that both accused persons were jointly involved in storing and selling the contraband. Acting upon the said information, the police team conducted a raid at the spot and apprehended accused G. Sarojani and Pintu Kumar Sahni. During interrogation, they allegedly disclosed the involvement of co-accused persons Ajay Sahni, Ajay Prasad and A.B. Sahni in transporting ganja from Odisha by using different vehicles and changing number plates. Thereafter, the police intercepted two cars on Canal Road and recovered ganja from the possession of the accused persons as well as from the house of co-accused G. Sarojani. According to the prosecution, a total quantity of 45.145 kilograms of ganja was seized from the accused persons, which is more than the commercial quantity prescribed under the NDPS Act. It is further alleged that the accused persons were habitually engaged in illegal trafficking and transportation of ganja from Odisha for
3 monetary gain. Hence, the bail application. 3.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since
05.09.2024. He further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He also submits that the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the quantity of contraband article i.e. 3.800 kgs of Ganja from accused – A.B. Sahni and Ajay Sahni, kept in dickey of car, bearing registration No.CG-04-KP-4604, 3.370 kgs of Ganja from accused – Ajay Prasad, kept in dickey of car bearing registration No.CG-04-HC-2080, 8.525 kgs, 9.080 kgs, 8.530 kgs and 6.010 kgs (total 32.145 kgs of Ganja) from accused G. Sarojani, kept inside her house and 5.830 kgs of Ganja from accused Pintu Kumar Sahni, kept in plastic sack in his possession, the total seizure of contraband Ganja is 45.145 kgs from the joint possession of applicant and co-accused persons is much above the commercial quantity as notified under the NDPS Act. Furthermore, first and second bail applications of co-accused, namely, G. Sarojini has already been rejected by this Court vide
4 orders dated 08.01.2025 and 10.07.2025 passed in MCRC Nos.66 of 2025 and 4727 of 2025 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.
From perusal of the case diary, it transpires that the contraband articles i.e. the quantity of contraband article i.e. 3.800 kgs of Ganja from accused – A.B. Sahni and Ajay Sahni, kept in dickey of car, bearing registration No.CG-04-KP-4604, 3.370 kgs of Ganja from accused – Ajay Prasad, kept in dickey of car bearing registration No.CG-04-HC-2080, 8.525 kgs, 9.080 kgs, 8.530 kgs and 6.010 kgs (total 32.145 kgs of Ganja) from accused G. Sarojani, kept inside her house and 5.830 kgs of Ganja from accused Pintu Kumar Sahni, kept in plastic sack in his possession, the total seizure of contraband Ganja is 45.145 kgs from the joint possession of applicant is much above the prescribed commercial quantity threshold under the NDPS Act and counsel for the applicant has failed to give plausible explanation regarding the alleged recovery, further considering the fact that first and second bail applications of co-accused, namely, G. Sarojini has already been rejected by this Court vide orders dated 08.01.2025 and 10.07.2025 passed in MCRC Nos.66 of 2025 and 4727 of 2025, it cannot be a case of false implication and the trial is in progress. 5
7. Accordingly, the bail application of the applicant – Pintu Kumar Sahani, involved in Crime No. 171/2024 registered at Police Station – Khursipar, Bhilai, District- Durg (C.G.), for the offence punishable under Section 20(b), 20(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office 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 Akhil