1 2026:CGHC:12171 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2360 of 2026 Anurag Pal S/o Mukesh Pal, Aged About 19 Years, R/o Infront Of G.I.C. School, Manpuri, P.S. - Agra Road, District - Mainpuri ( Uttar Pradesh) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Nagarnar, District - Bastar, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Navin Shukla, Advocate. For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.03.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.31/2025, registered at Police Station: Nagarnar, District - Bastar (C.G.) for the offences punishable under Section 20(b)ii(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution case, on 10.02.2025 at about 09:00 AM, Assistant Sub-Inspector Satish Yadav received secret information from an informant that two boys were standing beneath a tree near RTO Naka on NH-63 towards the road to Tiriya. Out of the two boys, one was tall and the other was of short height. The tall boy was wearing an olive coloured shirt and charcoal coloured jeans, while the shorter boy was wearing a PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.03.16 16:59:46 +0530 2 black shirt and jeans. Both of them were carrying bags which, as per the information received, contained contraband substances, and they were waiting for a bus going to Raipur. Upon receiving the said information, the police team immediately acted, called independent witnesses, and after making necessary preparations along with the search kit, proceeded to the place of occurrence. On reaching the spot indicated by the informant, the police team searched for persons matching the description and found two boys with the same identification standing beneath a tree and carrying three bags. The police team cordoned off the area, apprehended both persons, and interrogated them. Upon interrogation, they disclosed their identities as (1) Vikas Pal and (2) Anurag Pal, i.e., the present applicant. Both of them belonged to the same district and were waiting for a bus to Raipur. The Investigating Officer informed them of their legal rights and completed the required formalities. Thereafter, upon searching the luggage bags carried by the accused persons, four packets were recovered from the three bags found in their joint possession. The said four packets were marked as A, B, C and D. Packet A contained 7.412 kg, Packet B contained 6.742 kg, Packet C contained 4.500 kg and Packet D contained 4.560 kg of contraband Ganja, making a total of 23.214 kg. The estimated value of the seized contraband was Rs. 2,32,140/-. Both accused persons were arrested on 10.02.2025. As per their memorandum statements, the said contraband had been given to them by co-accused Nandu Ahir. 3. On the basis of the prima facie evidence against the applicant and the other co-accused, an offence under Section 20(b)(ii)(c) of the NDPS Act, 1985 was registered against them vide Crime No. 31/2025. The matter was taken up for investigation and, upon completion of the investigation, Final Report No. 141/2025 was prepared and filed before the concerned 3 Trial Court on 31.07.2025. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the alleged contraband was seized from the joint possession of the present applicant and another co-accused person. Learned counsel submits that there are a total of 13 prosecution witnesses, out of whom only one witness has been examined so far. It is also submitted that the applicant has no previous criminal antecedents. The charge-sheet has already been filed and the applicant has been in judicial custody since 10.02.2025. As the conclusion of the trial is likely to take considerable time, it is prayed that the applicant may kindly be enlarged on bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed. He further submits that total quantity of 23.214 Kgs contraband Ganja were recovered from the possession of the applicant and co-accused person, which is much more than the commercial quantity. Hence, his bail application is liable to be dismissed. 6. I have heard learned counsel for the parties and perused the material available on record. 7. 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. 8. Taking into consideration the fact that the quantity of contraband article, 4 i.e., 23.214 kgs, which has been seized from the joint possession of the present applicant and the co-accused person, is much more than the commercial quantity, and the applicant has failed to furnish any satisfactory explanation for the same, it cannot be said at this stage that the applicant has been falsely implicated in the present case. Further, the charge-sheet has already been submitted and considering the status of the trial, wherein out of 13 prosecution witnesses only 01 witness has been examined so far, and also in the light of observation made by the Hon’ble Supreme Court in Union of India (UOI) (supra) that in NDPS commercial-quantity cases, long incarceration cannot, by itself, be a ground for bail, this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 9. 9. Accordingly, the bail application of applicant – Anurag Pal, involved in Crime No.31/2025, registered at Police Station: Nagarnar, District - Bastar (C.G.) for the offences punishable under Section 20(b)ii(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 10. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 11. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti