1 CGHC010245142026 2026:CGHC:27936 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5960 of 2026 Sandeep Kumar Sahu S/o Late Shri Shyam Sundar Sahu Aged About 24 Years R/o Village Maldi, P.S. Bilaigarh, Distt. Sarangarh Bilaigarh, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Sarsiwa, Distt. Sarangarh Bilaigarh, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Arpit Parakh, Advocate. For Respondent(s) : Mr. Priyank Rathi, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 12/2025 registered at Police Station Sarsiwa, Distt. Sarangarh Bilaigarh (C.G.), for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 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 08.01.2025, acting on secret information, the police intercepted a Hero Super Splendor motorcycle and a Swift car near Village Mudpar. The occupants of the motorcycle allegedly admitted that they were piloting the Swift car. Upon searching the Swift car, the police recovered 45.780 kg of ganja (commercial quantity) concealed in 45 packets kept inside the boot of the vehicle. The contraband was seized, the accused persons were arrested, and an offence under Section 20(b)(ii)(C) of the NDPS Act was registered against them. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case, having no nexus with the alleged incident. He further submits that the prosecution case against him rests solely on the disclosure statements of the co-accused persons apprehended in the case. Except for such statements, there is no independent material to establish the applicant's conscious possession, involvement in the alleged transportation of the contraband, conspiracy, or any other incriminating circumstance connecting him with the alleged offence. He also submits that the bail application of the co-accused, Krishna Kumar Kahra, was rejected by this Court vide order dated 04.02.2026 passed in MCRC No. 1256 of 2026. Thereafter, the co- accused approached the Hon'ble Supreme Court by filing SLP (Crl.) 3 No. 8403 of 2026, which was allowed vide order dated 11.05.2026, and the co-accused was enlarged on bail. He later submits that the charge-sheet has already been filed and, therefore, the custodial interrogation of the applicant is no longer required. As the prosecution proposes to examine several witnesses, the trial is likely to take considerable time to conclude. The applicant is in jail since 09.01.2025 and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant was travelling in a Swift car from which 45.780 kg of ganja (commercial quantity) was recovered. It is alleged that the applicant was in conscious possession of the contraband and was involved in its illegal transportation, thereby committing the alleged offence, 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. From perusal of the records, it prima facie appears that 45.780 kg of ganja, which is a commercial quantity, was recovered from the Swift car in which the applicant was travelling, thereby indicating his conscious possession and involvement in the illicit trafficking of narcotic substances. Furthermore, learned counsel for the applicant has placed reliance on the order granting bail to co-accused Krishna Kumar Kahra by the Hon'ble Supreme Court in SLP (Crl.) No. 8403 4 of 2026, it is noticed that the said co-accused was granted bail on the ground that he was merely alleged to be piloting the car from which the contraband was recovered, whereas the present applicant was found sitting inside the vehicle from which the commercial quantity of ganja was seized. Thus, the case of the applicant stands on a different footing and the said order does not entitle him to the benefit of parity. As such, in view of the seriousness of the offence, I do not find any good ground to entertain the present bail application. 7. Accordingly, the bail application of the applicant - Sandeep Kumar Sahu, involved in Crime No. 12/2025 registered at Police Station Sarsiwa, Distt. Sarangarh Bilaigarh (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. - Sd/- (Ramesh Sinha) Chief Justice Akhil