1 CGHC010162162026 2026:CGHC:28277 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3824 of 2026 Laxmi Mohite Chouhan W/o Akshaya Chouhan Aged About 40 Years R/o Aerand Chandar, P.S. Chandar Railway, District- Amravati Maharashtra. ... Applicant versus State Of Chhattisgarh Through Police Station D.D. Nagar Raipur, Chhattisgarh. ... Non-applicant For Applicant : Ms. Kiran Jain, Advocate. For Non-applicant : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.07.2026 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. 515/2025 registered at Police Station – D.D. Nagar Raipur, (C.G.), for the offence punishable under Sections 20(C) & 29 of the NDPS Act 1985. 2. The prosecution story, in brief, is that on 01.11.2025, the Investigating VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.08 18:29:28 +0530 2 Officer received secret information from an informer that two persons were waiting in a white-coloured car bearing registration No. OD-26/G- 0938 with a quantity of ganja in their possession for the purpose of selling it to prospective customers. Acting upon the said information and after complying with the mandatory provisions of the NDPS Act, the police party proceeded to the spot and intercepted the said vehicle. Upon search, 56 kilograms of ganja was recovered and seized from the joint possession of the accused persons, namely Gagan Manjhi and Raju Beriya. During the course of investigation, on the basis of the memorandum statements of the said co-accused persons, it was revealed that the present applicant, Laxmi Mohite, along with co- accused Archana Mohite, had allegedly brought the contraband from Odisha. The applicant was thereafter arrested on 02.11.2025. It is further alleged that, pursuant to the memorandum statement of the applicant, one mobile phone was recovered, which was allegedly used by her to send the location to co-accused Gagan Manjhi. After completion of the investigation, the police filed the charge-sheet before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the investigation has been completed and the charge-sheet has already been filed before the competent Court. Learned counsel further submits that the alleged recovery of 56 kilograms of ganja was effected only from the possession of co-accused Gagan Manjhi and Raju Beriya, and no contraband has been recovered from the possession of the present applicant. It is submitted that the applicant has been implicated solely on the basis of the memorandum statements of the 3 co-accused persons, which by themselves have no evidentiary value. Learned counsel further contends that the investigating agency has failed to collect any legally admissible evidence to establish the applicant's involvement or attract the provisions of Section 29 of the NDPS Act. It is also submitted that although one mobile phone was allegedly seized from the applicant on the allegation that she had shared the location with the co-accused, the said mobile phone does not stand in the name of the applicant and no call detail records, tower location, or other electronic evidence have been collected to substantiate the allegation. It is further contended that there has been non-compliance with the mandatory provisions of Section 55 of the NDPS Act, as the seized contraband was not sealed with the seal of the Station House Officer before being deposited in the Malkhana. Learned counsel also submits that the applicant is a woman, having two minor children, one of whom is residing with her in the Central Jail, Raipur, while the other child, namely Naitik Vijay Mohite, is suffering from illness and requires proper care. It is further submitted that the applicant has been in judicial custody since 02.11.2025, the trial is likely to take considerable time to conclude, and she is a permanent resident of the address mentioned in the cause title. There is no likelihood of her absconding or tampering with the prosecution evidence, and she is ready and willing to abide by all such terms and conditions as may be imposed by this Hon'ble Court while granting her bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that 56 kilograms of ganja, which is a commercial quantity, has been recovered in the present case. It is further submitted that the 4 involvement of the present applicant surfaced during investigation on the basis of the memorandum statements of the co-accused persons and the recovery of a mobile phone allegedly used by the applicant to share the location with the co-accused. It is contended that the applicant is an active participant in the conspiracy and the offence is also punishable under Section 29 of the NDPS Act. In view of the bar contained under Section 37 of the NDPS Act, learned State Counsel submits that the applicant is not entitled to the grant of bail and prays for rejection of the bail application. 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 allegations, the fact that 56 kilograms of ganja, which is a commercial quantity, has been recovered, and the material collected during investigation prima facie indicating the involvement of the applicant in the illegal trafficking of contraband ganja, this Court is of the view that the rigours of Section 37 of the NDPS Act are attracted. At this stage, no case for grant of bail is made out. Accordingly, the bail application is rejected. 7. Accordingly, the bail application of the applicant – Laxmi Mohite Chouhan, involved in Crime No. 515/2025 registered at Police Station – D.D. Nagar Raipur, (C.G.), for the offence punishable under Sections 20(C) & 29 of the NDPS Act 1985, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Vaibhav