1 2026:CGHC:25474 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3573 of 2026 Tuna Kadarka S/o Late Adiga Kadarka Aged About 26 Years R/o Bujbal, P.S. Kolnara, Distt. Raigadha, Odisha. ... Applicant versus State of Chhattisgarh Through The Station House Officer Police Station Basna, District - Mahasamund, Chhattisgarh. ... Non-applicant For Applicant : Mr. Ajay Kumar Chandra, Advocate For Non-applicant/State : Mr. Saurabh Sahu, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.06.2026 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. 424/2025 registered at Police Station – Basna, District - Mahasamund (C.G.), for the offence punishable under Sections 20(B) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 15.10.2025, during vehicle checking at Parsapali Barrier, the police allegedly RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 intercepted a pickup vehicle bearing registration No. UP65CT0136 and recovered 110 kilograms of Ganja contained in four white sacks from the possession of co-accused Anil Kumar Paswan and Arun Solanki, who were arrested and sent to judicial custody. During investigation, on the basis of technical analysis of mobile phone data, it was alleged that the co-accused persons were in contact with certain individuals regarding the procurement, sale and transportation of the contraband from Odisha to Varanasi. It is further alleged that the present applicant, Tuna Kadarka, had called such persons to Rayagada, Odisha, and, in conspiracy with others, facilitated the sale and transportation of the seized Ganja. Thereafter, the present applicant was taken into custody and, on the basis of his memorandum statement and other material collected during investigation, was arrested on 25.02.2026 in connection with Crime No. 424/2025 registered at Police Station Basna for the offence punishable under Section 20(B) of the NDPS Act. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has neither committed nor participated in the alleged offence and no contraband has been recovered or seized from his possession. He further submits that the applicant has been implicated solely on the basis of the call detail records and alleged telephonic contacts with the co-accused persons, which by themselves do not establish his involvement in the commission of the alleged offence. It is argued that no independent material is 3 available on record to connect the applicant with the seized contraband and, therefore, the essential ingredients of the offence alleged against him are not prima facie made out. He also submits that the applicant has no previous criminal antecedents, the charge- sheet has been submitted before the competent Court, he is in jail since 25.02.2026 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court. He further submits that the seized contraband is Ganja weighing 110 kilograms, which is much above the commercial quantity prescribed under the NDPS Act. It is contended that during the course of investigation, sufficient material has been collected indicating the involvement of the present applicant in the procurement, sale and transportation of the contraband. The applicant has been implicated not merely on the basis of call detail records, but also on the basis of the technical evidence collected during investigation and the memorandum statements of the co-accused persons, which disclose his active role in the alleged transaction. As such, the applicant is not entitled to be released on 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, the nature and gravity of the allegations, the material available on record, and the submissions advanced by learned counsel for the parties, this 4 Court finds that 110 kilograms of Ganja has been seized in the present case, which is admittedly much above the commercial quantity prescribed under the NDPS Act. Further the fact that during the course of investigation, material has been collected indicating the involvement of the present applicant in the alleged procurement, sale and transportation of the contraband, and his complicity is sought to be established through the technical evidence collected by the investigating agency as well as the statements of the co-accused persons, and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Tuna Kadarka, involved in Crime No. 424/2025 registered at Police Station – Basna, District - Mahasamund (C.G.), for the offence punishable under Sections 20(B) and 29(1) 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 Rahul Dewangan