Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 25204 (CHH)

NAUSHAD KHAN v. STATE OF CHHATTISGARH

MCRC/5958/2026 · 2026-07-06

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010236542026 2026:CGHC:27937 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5958 of 2026 Naushad Khan S/o Shri Ahmed Ali Aged About 24 Years R/o Village Thappa, P.S. Tumdibod, District Rajnandgaon, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through P.S. NCB, Raipur, District Raipur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Ms. Vedangni Jangde, Advocate. For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer. 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 Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 05/2025 registered at Police Station – NCB, Raipur, District Raipur (C.G.), for the offence punishable under Sections 8, 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 1985. 2. The case of the prosecution is that on 18.12.2025, acting on secret information, officials of the Narcotics Control Bureau (NCB), Raipur intercepted a Maruti Swift car bearing registration No. CG 25 E 1100 near Komakhan Chowk, Mahasamund. Upon search of the vehicle, 30.640 kg of ganja (commercial quantity), packed in 16 packets concealed beneath a plastic sack in the boot of the car, was recovered from the joint possession of co-accused Sahil Gajbhiye and Somnath God. During investigation, it was alleged that the present applicant had financed the purchase of the contraband, arranged its transportation through the co- accused for sale, and that bank account details as well as photographs of ganja recovered from the applicant's mobile phone prima facie connected him with the alleged offence. Consequently, an offence under Sections 8/20, 25, 27 read with Section 29 of the NDPS Act was registered. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case only on the basis of the memorandum statement of co-accused and no seizure of any contraband has been made from the possession of the present applicant. She further submits that co-accused, Somnath Gond had borrowed a sum of Rs.30,000/- from the applicant and executed a notarized promissory note dated 20.09.2025, undertaking to repay the amount by 31.12.2025. 3 Since the co-accused failed to repay the loan, he allegedly made a false statement before the Investigating Officer to implicate the applicant in the present offence. The applicant is in custody since 20.12.2025 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that charge-sheet has been filed in the present case. He further submits the applicant is the main accused involved in purchase and sale of ganja and had financed the procurement of the contraband by providing money to the co-accused, Sahil Gajbhiye and Somnath Gond, who were transporting 30.640 kg of ganja (commercial quantity) for sale. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the documents appended with the bail application. 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. 30.640 kg of ganja, which is commercial quantity, has been recovered from the co-accused. The material collected during investigation, including the bank account details allegedly showing transfer of money for procurement of the contraband and the photographs of ganja recovered from the applicant's mobile 4 phone, which prima facie indicate the applicant's involvement in the illicit trafficking of narcotic substances which constitutes a serious offence under the NDPS Act. 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 – Naushad Khan, involved in Crime No. 05/2025 registered at Police Station – NCB, Raipur, District Raipur (C.G.), for the offence punishable under Sections 8, 20, 25 and 29 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