1 2026:CGHC:25483 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3535 of 2026 1. Shankar Deep S/o- Netra Deepa, Aged About 29 Years R/o- Village Titkela, Police Station Kesinga, District- Kalahandi (Odisa) 2. Devraj Nag S/o- Lalit Mohan Nag Aged About 22 Years R/o- Ward No. 1, Near Kali Mandir Titlagarh, Police Station Titlagarh, District- Balangir (Odisa) 3. Sanjay Nag S/o- Rajendra Nag Aged About 25 Years R/o- Kumdipadar, Police Station Titlagarh, District- Balangir (Odisa) 4. Basant Kand S/o- Purnachand Kand Aged About 26 Years R/o- Ward No. 14, Near Shiv Mandir Titlagarh, Police Station Titlagarh, District- Balangir (Odisa) (Cause Tittle And Other Information Mentioned As Per Challan) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Komakhan, District - Mahasamund (C.G.) ... Non-applicant For Applicants : Mr. Arun Kumar Shukla, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.06.2026 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.77/2025, registered at Police Station - Komakhan, District Mahasamund (C.G.) for the offences punishable under Section 20(b) of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.06.23 14:38:51 +0530 2 the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution case, on 02.08.2025, the police officials allegedly received information from an informant that four persons travelling in a white - coloured KIA car bearing registration No. OD-03-AA-8135 were proceeding from the State of Odisha towards Mahasamund carrying illegally possessed contraband (ganja) in a white-coloured sack for the purpose of sale. Acting upon the said information, the police intercepted and searched the aforesaid vehicle. During the search, a white-coloured sack containing contraband was allegedly recovered from the vacant space behind the seats of the vehicle, which was in the possession of the applicants and other co-accused persons. The prosecution alleges that 23 kilograms of ganja was recovered and that the same was in the joint possession of all the occupants of the vehicle. The prosecution further alleges that the applicants disclosed that the contraband had been collected from a forest area near Titlagarh and stored in a white-coloured bag. It is alleged that one of their relatives, namely Deva Mahanand, resident of Shankar Nagar, having mobile No. 8926150478, had contacted them over the phone two to three days earlier and instructed them to transport the said contraband. According to the prosecution, it was agreed among them that the contraband would be sold jointly and the sale proceeds would be distributed amongst themselves. Thereafter, the alleged contraband was seized, a seizure memo was prepared at the spot, the applicants were taken into custody, and an FIR was registered against them. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is 3 further submitted that the alleged contraband has not been recovered from the present applicants and also they do not own any vehicle bearing registration No. OD 03 AA 8135. The applicants were going to Raipur for medical purpose and they have been falsely implicated in this case. Further, the applicants have no previous criminal antecedents, the charge-sheet has been filed. The applicants are in jail since 02.08.2025. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge-sheet has already been filed. He further submits that the contraband article, i.e., a total quantity of 23 kg, was seized from the joint possession of the applicants, which is much above the commercial quantity prescribed under the NDPS Act. Therefore, he contends that the applicants are not entitled to the grant of bail and that their bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the contraband article, i.e., a total quantity of 23 kg, was seized from the joint possession of the applicants, which is much above the commercial quantity and the applicants have failed to give any explanation for the same and it cannot be said to be a case of false implication, further the charge-sheet has been submitted, this Court is of the opinion that it is not a fit case to release the applicants on bail. 7. Accordingly, the bail application of applicant Nos. 1, 2, 3 and 4 – Shankar Deep, Devraj Nag, Sanjay Nag and Basant Kand, involved 4 in Crime No.77/2025, registered at Police Station - Komakhan, District Mahasamund (C.G.) for the offences punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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