1 2026:CGHC:26302 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5263 of 2026 1 - Shahrukh Khan S/o Sheikh Mustaq Khan Aged About 29 Years R/o Ghasidas Nagar, Jamul, District Durg (C.G.), 2 - Akash Kosare S/o Kartik Ram Kosare Aged About 20 Years R/o Ghasidas Nagar, Jamul, District Durg (C.G.), ... Applicant(s) versus State Of Chhattisgarh Through Police Station Mahasamund, District Mahasamund (C.G.) ---- Non-Applicant(s) For Applicants : Mr. Virendra Kashyap, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/06/2026 1. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicants who have been arrested in connection with Crime No. 268/2025 registered at Police Station – Mahasamund, District – Mahasamund (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that on 17.06.2025, a police KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 party of Police Station Mahasamund was allegedly on patrolling and investigation duty when it received information from an informer that two persons were transporting contraband Ganja in a white- coloured Tata DI vehicle bearing registration No. CG-04-ML-2991 from Bagbahara towards Mahasamund. Acting upon the said information, the police allegedly intercepted the aforesaid vehicle near NH-353, Rajim Road Tiraha, Mahasamund. The persons travelling in the vehicle disclosed their names as Shahrukh Khan and Akash Kosare. It is alleged that, during the search of the vehicle, a concealed chamber situated beneath the rear trolley portion of the vehicle was found, containing 110 packets of Ganja weighing 1 kilogram each, aggregating to 110 kilograms. The contraband was allegedly seized in accordance with law, and thereafter Crime No. 268/2025 was registered at Police Station Mahasamund for the offence punishable under Section 20(b)(ii)(C) of the NDPS Act. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that the applicants were arrested on 17.06.2025 and are in judicial custody since then. The investigation has already been completed and charge-sheet has been filed before the learned Special Court on 21.11.2025 and, therefore, their further custodial interrogation is not required. It is contended that the prosecution case rests solely upon the alleged recovery of contraband from the vehicle in question and the applicants dispute the said allegations. It is further contended that the alleged contraband was not recovered 3 from the exclusive and conscious possession of either of the applicants and the same is a matter to be established during trial. He further submits that the applicant No.1 is a married person having a wife and two minor children dependent upon him, whereas applicant No.2 is a young man aged about 20 years, and their prolonged incarceration is causing severe hardship to their respective families. It is further submitted that as many as 18 witnesses have been cited by the prosecution and, therefore, conclusion of the trial is likely to take considerable time, he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/non-applicant opposes the prayer for grant of bail and submits that, after completion of investigation, charge-sheet has already been filed before the competent Court. It is further submitted that as many as 110 packets of contraband Ganja, weighing 110 kilograms in total, have been recovered and seized from a concealed chamber specially made beneath the rear trolley portion of the vehicle in which the applicants were travelling and therefore, the said recovery was effected from their joint and conscious possession which is much above the commercial quantity hence, the applicants are not entitled to be enlarged 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, nature and gravity of offence levelled against the applicants and the fact that in the the present case, charge-sheet has been filed before the 4 competent Court and the quantity of contraband substance i.e. 110 Kgs of Ganja which is recovered from the joint possession of the applicants, is much above the commercial quantity and it appears that it is an organized crime and on a pointed query being made as to what is the explanation of the contraband article which is said to have been recovered from the joint possession of the applicants, he failed to explain the same and it cannot be a case of false implication, thus this Court is of the view that it is not a fit case to release the applicants on bail. 7. Accordingly, the bail application of the applicants – Shahrukh Khan and Akash Kosare filed under Section 483 of the BNSS, involved in Crime No. 268/2025 registered at Police Station – Mahasamund, District – Mahasamund (C.G.), for the offence punishable under Section 20(b)(ii)(C) 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 Kunal