Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:11054
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1983 of 2026 Kallu @ Kuldeep Kumar S/o Man Singh Yadav Aged About 38 Years R/o Village - Farida, P.S.- Gursay, District - Jhansi (U.P.) ... Applicant
versus State Of Chhattisgarh Through Police Station - Komakhan, District - Mahasamund, Chhattisgarh. ... Non-applicant
For Applicant : Ms. Kusum Lalchandani, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.03.2026
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. 84/2025 registered at Police Station – Komakhan, District - Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story, in brief, is that on 28.08.2025, the police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.03.03 15:29:40 +0530
2 received secret information from an informer that three persons were travelling from Odisha to Mahasamund in a grey-coloured Maruti Dzire car bearing registration No. MP-16 ZA-5735, and that they were carrying contraband. Acting upon the said information, the police intercepted the vehicle at Temri Naka under Police Station Komakhan, District Mahasamund (C.G.). Upon search of the vehicle, 30 kilograms of ganja, packed in two white plastic bags, was allegedly recovered from the dickey of the car. Thereafter, a First Information Report was registered as Crime No. 84/2026 for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the applicant and other co-accused persons. After completion of investigation, the police filed the charge-sheet before the learned trial Court against the three accused persons. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and that no prima facie case is made out against him. It is contended that the applicant is an innocent person and has been roped in due to enmity. The applicant is merely the driver of the vehicle bearing registration No. MP-16 ZA-5735 and was working under the owner of the said vehicle, namely Mr. Abhishek Roy.
It is submitted that the applicant was driving the car on the instructions of the owner, who was also travelling in the vehicle, and that the main accused had hired the car and was accompanying them at the relevant time. The applicant has been in custody since 25.08.2025 and has no criminal antecedents. It is further submitted that the applicant is the sole earning member of his family and that the entire prosecution case is false and concocted. A copy of the FIR dated 25.08.2025 has been filed as Annexure A-2. It is also submitted that the
3 trial is likely to take considerable time for its conclusion. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with prosecution witnesses, and he is ready to furnish adequate surety and abide by any directions and conditions that may be imposed by this Hon’ble Court. 4. On the other hand, learned State counsel opposes the bail application and submits that, acting on secret information, the police intercepted the vehicle and recovered 30 kilograms of ganja from its dickey. An FIR has been registered under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and after investigation, the charge-sheet has been filed against the applicant and other co- accused persons. Considering the serious nature of the offence and the quantity of contraband seized, it is submitted that the applicant is not entitled to 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 offence, as well as the quantity of ganja, i.e., 30 kgs., seized from the joint possession of the applicant and the co-accused which is above the commercial quantity as per the Schedule given under the NDPS Act, further noting that the applicant has failed to provide any satisfactory explanation regarding the alleged contraband article seized from the alleged. Moreover, the seizure of such a substantial quantity prima facie indicates the involvement of the present applicant in the illicit trafficking of narcotic substances, which constitutes a serious offence under the NDPS Act. Considering the
4 aforesaid facts, I do not find any good ground to entertain the present bail application. 7. Accordingly, the bail application of the applicant – Kallu @ Kuldeep Kumar, involved in Crime No. 84/2025 registered at Police Station – Komakhan, District - Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. - Sd/-
(Ramesh Sinha)
Chief Justice Vaibhav