1 CGHC010212022026 2026:CGHC:28636 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5011 of 2026 • Sohan Lal Sidar S/o Shri Mayadhar Sidar, Aged About 40 Years R/o Village-Raypara, P. S. And Tahisil- Tamnar, Distt. Raigarh (C.G.) ... Applicant Versus • State of Chhattisgarh Through Police Station- Tamnar, Distt. Raigarh (C.G.) ... Non-applicant For Applicant(s) : Mr. C.S. Chouhan, Advocate. For Non-Applicant(s) : Ms. Supriya Upasane, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 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.78/2026 registered at Police Station Tamnar Distt.- Raigarh (C.G.), for the offence punishable under Section 20(B) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 19.04.2026 information was received by the informant that two persons were coming from Odisha Bhilaimunda in a white Swift Car bearing registration number OR15 T 7372 taking huge quantity of Ganja and coming to village Dhaurabhata. After information received by the police and the police VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.10 18:46:46 +0530 2 authority went and caught hold the Swift Car bearing registration number OR15 T 7372 in front Munna Fabrication Dhaurabhata Main Road. In that car, two persons were sitting and when the names were asked, they told their name as Sohan Lal Sidar and Vinod Pradhan. From the Dickey of said Car, found 9 packets in plastic bags contraband Ganja weighing 60 KG. The contraband Ganja was found in the Dickey of Car and kept in plastic bag and the same was seized. Thereafter the applicant was taken in custody and arrested and the offence under section 20-B of the NDPS Act registered by Tamnar Police against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He later submits that the applicant has no criminal antecedent and he is in jail since 20.04.2026 and the conclusion of the trial is likely to take quite long time. He also submits that the applicant is suffering from kindly ailment and he is undergoing treatment in Raipur under the supervision of Jail Authorities and the medical documents have been given by the doctor to the applicant showing he is suffering from disease. Copies of medical documents of the applicant is annexed herewith and marked an Annexure-A/2. 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 3 Court and submits that the applicant has no criminal antecedent. She further submits that from the possession of the applicant contraband article i.e. 60 Kgs of Ganja is seized, therefore, he is 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 applicant i.e. 60 Kgs of Ganja much above than the commercial quantity and the applicant is the registered owner of the vehicle from which the Ganja has been recovered by the police and from the evidence available on record is also clear that the applicant and other co-accused persons are involved in illegal sale and purchase of contraband- Ganja and therefore, it cannot be a said that its a case of false implication, the trial is in progress. As such, I am not inclined to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant- Sohan Lal Sidar, involved in Crime No. 78/2026 registered at Police Station Tamnar Distt.- Raigarh (C.G.), for the offence punishable under Section 20(B) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. However, considering the applicant's medical history of kidney ailment, which requires him to undergo dialysis twice a week, and his current medical condition, this Court is of the opinion that the applicant may be granted parole/temporary bail for a period of three months from the date of receipt of a certified copy of this order on an undertaking that the applicant shall surrender before the concerned trial Court on the date to be given by the trial Court on his furnishing 4 a personal bond with two sureties (one should be of a family member) in the like sum to the satisfaction of the concerned trial Court. The applicant shall cooperate during the trial and during the period of his temporary bail/parole, he shall not indulge in tempering of evidence or involve in any criminal activities, failing which, the temporary bail granted to him shall automatically stand cancelled and the learned trial Court shall be at liberty to take him into custody and send him to jail. 9. It is ordered accordingly. - Sd/- (Ramesh Sinha) Chief Justice Vaishali