1 2026:CGHC:24119 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3885 of 2026 • Vinay Paswan S/o Shyamlal Paswan Aged About 38 Years R/o Ward No 08, Sasaram Mohaddi Ganj, Sasaram Rohtas District- Bihar, ... Applicant(s) versus • State of Chhattisgarh Through Police Station Balrampur District- Balrampur - Ramanujganj (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Bhupendra Singh, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, 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 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.114/2025 registered at Police Station Balrampur Distt.- Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 20(b)(ii)(b) of NDPS Act. 2. Case of the prosecution, in brief, is that on August 27, 2025, police officials from P.S. Balrampur intercepted a vehicle at Daldhawa Ghat and recovered a commercial quantity of contraband, specifically 125.51 kg of Marijuana (Ganja), from the possession of the co- accused, Anuj Kumar. During the ensuing investigation, the present VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA SAIFAN KHAN Digitally signed by SAIFAN KHAN 2 applicant was implicated solely on the basis of a memorandum statement rendered by the co-accused (Ranjan). Consequently, the applicant was taken into custody for the alleged commission of an offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act; upon the culmination of the statutory investigation, Police Officials of P.S. Balrampur arrested the applicant and filed the chargesheet before the Court of competent jurisdiction. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no narcotic substances or incriminating materials were recovered from the possession of the applicant. He also submits that the entire seizure was made from a tractor driven by another co-accused (Anuj Kumar), moreover the said co-accused specifically mentioned in his memorandum that the entire lot (125.51 kgs) of Marijuana (Ganja) belongs to another co- accused Ranjan Singh. It is further contended that there is no any ingredient of alleged offence is there against the applicant and the prosecution has failed to provide prima facie evidence that the applicant had "conscious possession" or effective control over the contraband found in the tractor. He later submits that the applicant has no criminal antecedent and he is in jail since 12.01.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and submits that the applicant has no criminal antecedent. He further submits that co-accused Anuj Kumar was carrying 3 contraband article around 125.51 kg of Ganja in a tractor trolley, which overturned and furthe during the course of investigation it was revealed that the applicant and other co-accused persons were found to be involved in illegal sale and purchase of contraband article, therefore, he is not entitled for 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 on 27.08.2025, a tractor driven by co-accused- Anju Kumar overturned at Daldhawa Ghat, due to which, contraband- Marijuana (Ganja), which was kept inside the trolley of said tractor, fell down and spread all over. Thereafter, when police reached to the spot, they found the driver of the said tractor- Anju Kumar (co-accused) in injured condition, who informed that the contraband- Marijuana (Ganja) and said tractor belongs to co-accused- Ranjan Shrivastava and the said contraband was being transported from Odisha to Bihar under piloting follow of a white Brezza Car. Further, around 125.51 Kg of contraband was recovered from the said tractor, which is more than the commercial quantity. Moreover, as per the memorandum statements of co- accused persons it is quite clear that the applicant is also one of the person who was sitting in the said white Brezza Car, under piloting of which, the tractor in question was transporting the contraband and, further, it is also clear from the memorandum statement of the applicant and other co-accused persons that the applicant herein and other co-accused persons are involved in illegal sale and purchase of contraband, which is an organized crime and, therefore, it cannot be said that it is a case of false implication and, even the trial is also in 4 progress. Consequently, under these circumstances, this Court is not inclined to release the applicant on bail. 7. Accordingly, the bail application of the applicant- Vinay Paswan involved in Crime No.114/2025 registered at Police Station Balrampur Distt.- Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 20(b)(ii)(b) of NDPS Act 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 Vaishali