1 2026:CGHC:26326 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5602 of 2026 1. Aditya Agarwal S/o Harilal Agarwal Aged About 21 Years R/o Vandana Chowk, Sikolabhatha, Durg, Police Station Mohan Nagar, District Durg (C.G.) 2. Govind Sahu @ Gopi S/o Ishwar Sahu Aged About 21 Years R/o Vandana Chowk, Sikola Basti, Durg, Police Station Mohan Nagar, District Durg (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Komakhan, District - Mahasamund (C.G.) ... Non-Applicant For Applicants : Mr. Virendra Kashyap, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.06.2026 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.80/2025, registered at Police Station - Komakhan, District- Mahasamund (C.G.) for the offences punishable under Section 20(b)(ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. Case of the prosecution, in brief, is that on 09.08.2025, the Assistant Sub- Inspector of Police Station Komakhan, along with staff, was on patrol duty PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.06.30 15:04:15 +0530 2 when he received secret information that three persons were transporting illegal ganja in a grey Hyundai EON car (No. CG 08 Z 1787) from Odisha towards Mahasamund for the purpose of sale. Acting upon the information, the police laid a blockade near Temri Naka and intercepted the said vehicle. Upon search of the car, two white plastic sacks were found in the dickey containing a total of 22 kilograms of ganja, valued at Rs.3,30,000/-. The contraband was seized and an offence under Section 20(b) of the NDPS Act was registered. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that the applicants were arrested on 09.08.2025 and have been in continuous judicial custody since then. Learned counsel further submits that the alleged contraband was not recovered from the exclusive possession of the present applicants, as the prosecution itself alleges that it was recovered from the joint possession of three persons. It is also submitted that the applicants have no previous criminal antecedents and that the charge-sheet has already been filed. Therefore, it is prayed that the applicants be enlarged on 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. She further submits that the contraband article, i.e., a total quantity of 22 kgs of Ganja seized from the joint possession of co-accused persons, which is much above the commercial quantity prescribed under the NDPS Act. It is further submitted by the learned State counsel that the bail application of the co-accused has already been rejected by this Court vide order dated 07.04.2026 passed in MCRC No. 3069 of 2026. Therefore, he contends that the applicants are not entitled to the grant of bail and that their bail application is liable to be dismissed. 3 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 22 kgs of Ganja seized from the joint possession of co-accused persons, which is much above the commercial quantity prescribed under the NDPS Act, further the bail application of the co-accused has already been rejected by this Court vide order dated 07.04.2026 passed in MCRC No. 3069 of 2026 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 and 2 – Aditya Agarwal and Govind Sahu @ Gopi, involved in Crime No.80/2025, registered at Police Station - Komakhan, District - Mahasamund (C.G.) for the offences punishable under Section 20(b)(ii)(C) 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