1 2026:CGHC:23842 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2749 of 2026 • Aditya Patel S/o Motilal Patel Aged About 30 Years R/o Kuiyakala, P.S. Manganwa, District Rewa M.P. ... Applicant(s) versus • State of Chhattisgarh Through The Police Station - Basna, District Mahasamund Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Aman Sharma, Advocate For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/06/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 255/2023 registered at Police Station Basna Distt.- Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 18/5/2023 Maruti Ertiga bearing Registration number GJ-14-AA-5971 saw a Police Vehicle standing in front of Police Station and reversed the vehicle upon seeing the Police Vehicle and left the vehicle and ran away taking the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.06.16 17:39:09 +0530 2 benefit dark, upon investigation it was found that the applicant had purchased a vehicle bearing registration number GJ-14-AA-5971 from one Anand Mishra, on 10/2/2023 and went to purchase illegal contraband to Odisha. Upon searching the vehicle the Police found 4 plastic sacks filled illegal contraband Ganja weighing total about 165 Kgs. Hence, this bail application is being before this Hon'ble Court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He further submits that the prosecuting agency has not complied with the provisions of Section 42 of the NDPS Act and did not obtain a search warrant from the competent authority. He also submits that on the date of the offence, i.e.,18.05.2023, the applicant was attending a wedding ceremony of his relatives at Village Patehra, District Rewa (M.P.), which is more than 536 km away from the place of incident. The photograph of the applicant and the marriage invitation card are collectively filed herewith as Annexure-A/4. He further submits that the applicant has been in custody since 12.07.2025 and the conclusion of the trial is likely to take considerable time. Therefore, he prays for grant of regular bail to the applicant. 4. Per contra, learned counsel appearing for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He further submits that the applicant has two criminal antecedents, out of which one pertains to the NDPS Act and is registered in the State of Madhya Pradesh. He also submits that the applicant had purchased a vehicle bearing registration number GJ-14-AA-5971 from an individual named Anand Mishra on February 10, 2023, and had gone to Odisha 3 to purchase illegal narcotics. Upon searching the vehicle, the police discovered four plastic sacks containing a total of approximately 165 kilograms of illegal narcotics (cannabis), which is more than the commercial quantity of contraband. Hence, the applicant is not entitled to the grant of 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 that the applicant had purchased a vehicle bearing registration number GJ-14-AA-5971 from an individual named Anand Mishra on February 10, 2023, and had gone to Odisha to purchase illegal narcotics. Upon searching the vehicle, the police discovered four plastic sacks containing a total of approximately 165 kilograms of illegal narcotics (cannabis), which is more than the commercial quantity of contraband and the applicant has failed to give explanation for the said recovery, further applicant has two criminal antecedents, out of which one pertains to the NDPS Act and is registered in the State of Madhya Pradesh, it appears that applicant is a habitual offender and it cannot be a case of false implication, the trial is in progress, therefore, I am not inclined to grant bail to the applicant. 7. 7. Accordingly, the bail application of the applicant- Aditya Patel, involved in Crime No. 255/2023 registered at Police Station Basna Distt.- 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 Court concerned is at liberty to proceed and conclude the trial expeditiously. 4 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 Vaishali