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2026 DAILYLAW 2530 (CHH)

SHESHDEV NAYAK v. STATE OF CHHATTISGARH

MCRC/911/2026 · 2026-01-27

body2026

Judgment text

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1 2026:CGHC:4706 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 911 of 2026 Sheshdev Nayak S/o Hara Nayak Aged About 23 Years R/o Barodamliha, Police Station Kishore Nagar, District Angul (Odisa). (Details Of The Applicant Mentioned As Per Challan, F I R And Order Sheet) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Singhoda, District Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Arun Kumar Shukla, Advocate For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No.21/2024, registered at Police Station- Singhoda, District- Mahasamund (C.G.) for the offence punishable under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.29 15:02:17 +0530 2 the NDPS Act). 2. The prosecution story in brief, is that, the police allegedly received secret information regarding transportation of contraband substance by a Red colored Ashok Leyland truck bearing Registration No. OD-15-W-7771 coming from Odisha towards Chhattisgarh. Acting upon the said information, the police conducted a raid dated 08.03.2024 and barricading on NH-53 Road near Village Rehtikhol and intercepted the aforesaid truck in which one person who was driver of the vehicle was found inside the said truck, who attempted to flee but was apprehended by the police personnel and on enquiry disclosed his name as Shesh Dev Nayak, Driver of the truck. Upon search of the truck, approximately 150 Kilograms of ganja, was allegedly recovered from the said truck loading bed. On the basis of such report FIR has been lodged against the present applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the police has not seized psychotropic substances from the exclusive possession of the applicant. The alleged contraband article has not been recovered from exclusive possession of the applicant. Further, the applicant has been implicated solely on the basis of alleged possession of the truck and no contraband was recovered from the applicant and is languishing in jail since 08.03.2024, though the charge- 3 sheet has been filed, conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that from the possession of applicant, total 150 kgs of ganja has been seized which is much above the commercial quantity, as the commercial quantity of ganja is 20 kgs, hence, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the nature and gravity of the offence and the fact that from the possession of applicant, 150 kgs of ganja has been seized which is much above the commercial quantity, as the commercial quantity of ganja is 20 kgs. In such a situation, considering the nature and quantity of the seized narcotic substance, it would not be justified to grant bail to the applicant/accused. 7. Therefore, the bail application filed by the applicant/accused – Sheshdev Nayak involved in Crime No.21/2024, registered at Police Station- Singhoda, District- Mahasamund (C.G.) for the offence punishable under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act), is rejected at this stage. 4 8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Abhishek