1 2026:CGHC:25648 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5500 of 2026 Ayush Choudhari @ Piyush S/o Late Ravi Choudhari Aged About 24 Years R/o Sector 11, Zone 03, Road No. 8, Gandhinagar House No. 57, New Khursipar Bhilai, Distt. Durg, Chhattisgarh, (Present Address i.e. Present R/o Dwarika Nagar, Mahamra Chowki, Anjora, P.S. Pulgaon, Distt. Durg, C.G. Is Wrongly Mentioned In The Cause Title of The Impugned Order) ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Pulgaon, Distt. Durg, Chhattisgarh. ... Non-applicant For Applicant : Ms. Aditi Singhvi, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.06.2026 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. 117/2025 registered at Police Station – Pulgaon, District – Durg (C.G.), for the offence punishable under Section 20(C) and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the case of the prosecution, on 11.04.2025, the Investigating Officer received information that Krishna Devi Chaudhari was selling ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.06.23 15:19:02 +0530 2 ganja from her house situated at Dwarika Nagar, Mahmra, with the assistance of her daughter, Sunita, her son, the present applicant, and Sunita’s friend, Gopi Kumar. Acting upon the said information, the Investigating Officer, along with the police staff and independent witnesses, reached the spot. At the house, accused Gopi Kumar was found present. A search of the bedroom led to the recovery of five bags of different colours kept on a shelf, containing 35.98 kilograms of ganja, which was duly seized by the police. In his memorandum statement, Gopi Kumar stated that he had met Sunita through social media and that Krishna Devi was her mother and the present applicant was her brother. He further stated that they had brought the ganja from Odisha, stored it in the house, and sold it using an Activa scooter belonging to Krishna Devi. He also stated that he had been residing in the said house while pretending to be in a close relationship with Sunita. Thereafter, Gopi Kumar was arrested on the spot along with the recovered contraband. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. She also submits that mandatory provisions of NDPS Act and the concerned police station did not take proper investigation before lodging FIR against the applicant. She also submits that the applicant is a resident of Khursipar, Bhilai, and not of Dwarika Nagar, Mahmara, District Durg (C.G.). The applicant is not a resident of the house from where the seizure was made by the police authorities. The co-accused, Gopi Kumar, from whose possession the psychotropic substance was seized, was residing as a tenant in the house owned by the applicant’s sister, namely Sunita Choudhary. She further submits that the co-accused, Gopi Kumar, had not paid the rent and was repeatedly being asked to do so by the applicant and his family members. Therefore, owing to such animosity, when the co-accused was 3 apprehended, he falsely implicated the applicant along with his family members, namely the applicant’s mother and sister. She further submits that the applicant has no criminal antecedents and he is in jail since 14.11.2025, conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the present applicant. 4. Learned State counsel opposes the bail application and submits that a huge quantity of contraband, namely 35.98 kilograms of ganja, was recovered from the house of the co-accused, where the present applicant was also found to be involved in the illegal trade. It is submitted that the memorandum statement of co-accused Gopi Kumar specifically discloses the active participation of the applicant in procuring the contraband from Odisha, storing the same, and selling it along with other co-accused persons, therefore, the applicant is not entitled to the grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and particularly the fact that 35.98 kilograms of ganja, which is a commercial quantity, was recovered from the house connected with the applicant and other co- accused persons, this Court finds no ground to grant bail. Moreover, the memorandum statement of co-accused Gopi Kumar prima facie indicates the involvement of the applicant in procuring, storing, and selling the contraband. The quantity of the seized contraband is substantially above the commercial quantity prescribed under the NDPS Act, and the applicant has failed to offer any plausible explanation in this regard. 7. Accordingly, the bail application of the applicant – Ayush Choudhari @ Piyush, involved in Crime No. 117/2025 registered at Police Station – 4 Pulgaon, District – Durg (C.G.), for the offence punishable under Section 20(C) and 27(a) 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek