1 2026:CGHC:24106 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3476 of 2026 Mahtab Ahmad S/o Ekbal Ahmad Aged About 25 Years R/o Himouli, Tehsil Mouhda, P.S. Bemar , District- Hameerpur, Uttar Pradesh ...Applicant versus State Of Chhattisgarh Through Arakshi Kendra Chilfi Kabirdham (Kawardha) (C.G.) (Pipriya Wrongly Mentioned In Impugned Order) ...Non-applicant For Applicant : Mr. Sudhanshu Kumar Singh, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.06.2026 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. 04/2026 registered at Police Station – Arakshi Kendra Chilfi Kabirdham (Kawardha) (C.G.) for the offence under Section 20(B)(ii) (b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.16 18:35:54 +0530 2 2. The prosecution case, in brief, is that the present applicant, in connivance with the other co-accused persons, was allegedly transporting contraband Ganja in a vehicle bearing registration No. CG-18-M-1456. Acting upon information received, the police intercepted and searched the said vehicle and allegedly recovered 15.480 kilograms of Ganja kept in the Dicky of the car. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. It is submitted that no illegal contraband was recovered from the exclusive possession of the applicant. The prosecution case itself reveals that the alleged Ganja was recovered from the dicky of the vehicle and not from the personal possession of the applicant. The applicant was merely travelling in the said vehicle along with the co-accused persons and had no knowledge whatsoever regarding the alleged contraband purportedly kept in the dicky of the car. The vehicle in question did not belong to the applicant and he had no role in the transportation, possession or carrying of the alleged contraband. It is further submitted that the investigating agency has not complied with the mandatory provisions of the NDPS Act relating to search and seizure. The quantity allegedly recovered is of intermediate quantity and the investigation has already been completed with the filing of the charge- sheet; therefore, no further custodial interrogation of the applicant is required. The applicant is a family man and has remained in judicial custody since 31.01.2026. The trial is likely to take considerable time to conclude and his continued detention would serve no useful purpose. The applicant is a permanent resident of the address mentioned in the cause-title and there is no likelihood of his 3 absconding or tampering with the prosecution evidence. The applicant is ready and willing to furnish adequate surety and to abide by all such terms and conditions as may be imposed by this Hon'ble Court while granting bail. Accordingly, the applicant deserves to be enlarged on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, it is observed that the contraband article recovered from the possession of the applicant is less than the commercial quantity as prescribed under the NDPS Act. Further, considering the fact that the charge-sheet has already been filed before the competent Court, that the applicant has no previous criminal antecedents, and that the applicant has been in judicial custody since 31.01.2026, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant - Mahtab Ahmad, involved in Crime No. 04/2026 registered at Police Station – Arakshi Kendra Chilfi Kabirdham (Kawardha) (C.G.) for the offence under Section 20(B)(ii)(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, be released on bail on furnishing personal bond with two local sureties in the like 4 sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of her absence, without sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. 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 vaibhav