1 CGHC010151742026 2026:CGHC:27979 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3746 of 2026 • Munish Kumar S/o Krishna Pandit Aged About 22 Years R/o Street No. 1, Near 4 Railway Crossing, Shivpuri, Fagwada, P.S. Satnam Pura, District- Kapurthala, Punjab Pin - 144401. (Particulars Of The Applicant Is Mentioned Correctly) ... Applicant(s) versus • State of Chhattisgarh Through - Police Station- City Kotwali Gariyabandh, District- Gariyabandh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Anmol Sharma, Advocate For Respondent(s) : Mr. Sourabh Sahu, 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 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.36/2025 registered at Police Station – City Kotwali Gariyabandh Distt.- Gariyabandh (C.G.), for the offence punishable under Section 20(B)(ii)C and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.08 16:09:40 +0530 2 2. Case of the prosecution, in brief, is that on 18.03.2025 Police Authorities received an insider's tip that two persons in a white motorcycle were traveling from Devbhog and going towards Gariyabandh, Carrying narcotics psychotropic substance ganja in their bag. As soon as the police authorities received the information, they conducted raid at the spot at NH 130 C, two accused persons were found in a motorcycle namely Nikku Kumar and Shankar Pandey who are both resident of Punjab and upon search of the co- accused persons police authorities seized Ganja from Nikku Kumar weighing about 30.385 Kgs from his possession and a motorcycle, a mobile phone from Shankar Pandey. Accordingly, they both were arrested on 18.03.2025. That the accused Nikku Kumar in his memorandum has stated that other co-accused persons namely Vishal Kumar Singh & Munish Kumar were also escorting with them in another motorcycle they were also resident of Punjab and were arrested on 19.03.2025. That Nikku Kumar further in his memorandum has stated that on 17.03.2025 they went to Jeypore, Odisha to buy Ganja from an unknown person named 'Dadu' and from him they have bought ganja. The Police Authorities during Investigation has arrested the present applicant on 19.03.2025 and sent him to judicial custody. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It is further contended that only on the basis of memorandum statement of the co-accused persons, present applicant is implicated in crime in question and there is no independent and corroborative evidence available on record connecting the present applicant with the alleged offence. He further submits that mandatory provisions of the NDPS Act have not been 3 strictly complied with particularly with respect to procedural safeguards during search and seizure, thereby vitiating the prosecution’s case. He later submits that the applicant has no criminal antecedents and he is in jail since 19.03.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and submits that the applicant has no criminal antecedent. He further submits that total 30.385 kilograms of contraband substance, i.e., Ganja, was seized from the possession of the co-accused persons, the present applicant was merely piloting the said vehicle, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that though the contraband article, which has been recovered from the possession of the co-accused i.e. 30.385 kilograms of Ganja is more than the commercial quantity and on the basis of memorandum statement name of the present applicant is came into light, further more the present applicant was piloting the said vehicle, further it cannot be a case of false implication, the trial is in progress, therefore, this Court is not inclined to grant bail to the applicants. 7. 7. Accordingly, the bail application of the applicant Munish Kumar, involved in Crime No36/2025 registered at Police Station – City Kotwali Gariyabandh Distt.- Gariyabandh (C.G.), for the offence 4 punishable under Section 20(B)(ii)C and Section 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 Vaishali