1 CGHC010259622026 2026:CGHC:28410 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6068 of 2026 Suresh Kumar Nokwal S/o Babulal Nokwal Aged About 33 Years R/o Gram Jhunjun, Post Nawalgarh, P.S. Nawalgarh, District- Jhunjun, Rajasthan ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Bodhgat, District- Bastar (C.G.) ... Non-applicant For Applicant : Mr. Shikhar Agnihotri, Advocate. For Non-applicant/State : Ms. Smita Shrivastava, 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 Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 375/2025 registered at Police Station – Bodhgat, District - Bastar (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.09 19:08:33 +0530 2 2. The case of the prosecution, in brief, is that t08.09.2025 on the basis of the informer's information, Assistant Sub inspector Dinesh usendi of police station Bodhghat has seized 23.390 kg of illegal narcotics substance Ganja, totaling of 6 packets wrapped with brown cllotape kept in white bag and truck of a grey coloured jupiter scooty No.OD-10X-9025 in the possession of applicant. 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 applicant has not committed any offence as alleged and has been falsely connected with the case. It is further submitted that the applicant, a permanent resident of Nawalgarh, District Jhunjhunu, Rajasthan, earns his livelihood by operating his Ford vehicle bearing registration No. CG-17-MA-1888 on hire in different parts of Chhattisgarh. According to the applicant, two persons deceitfully took away his vehicle and cash of Rs. 70,000/- a few days prior to the incident and, in collusion with the police, falsely implicated him by planting the alleged contraband and showing recovery from him. Learned counsel further submits that two prosecution witnesses, including the independent witness Rajesh Dongre, have not supported the prosecution case during trial and have been declared hostile, thereby casting serious doubt on the fairness of the alleged search and seizure proceedings. It is also submitted that the applicant is the sole earning member of his family and his continued incarceration would cause grave financial hardship to his dependents. The 3 applicant has no criminal antecedents, there is no material to show his direct or indirect involvement in the alleged offence, and he is a permanent resident of the address mentioned in the cause title. Therefore, there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready to abide by all such terms and conditions as may be imposed by this Hon'ble Court while granting bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of contraband article i.e. 23.390 Kgs of Ganja, was recovered from the possession of the present applicant, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having heard learned counsel for the parties and upon perusal of the case diary, this Court finds that 23.390 kilograms of Ganja, which is a commercial quantity, has been recovered from the conscious possession of the present applicant. Prima facie, the material collected during the investigation connects the applicant with the alleged offence. The quantity recovered is well above the commercial quantity prescribed under the NDPS Act, and the rigours of Section 37 of the NDPS Act are, therefore, attracted. The applicant has failed to furnish any satisfactory explanation 4 regarding his possession of such commercial quantity of contraband. Considering the nature and gravity of the allegations, the recovery of commercial quantity of Ganja, and the statutory embargo under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the applicant. Accordingly, the bail application is rejected. 7. Accordingly, the bail application of the applicant – Suresh Kumar Nokwal, involved in Crime No. 375/2025 registered at Police Station – Bodhgat, District - Bastar (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, is rejected. - Sd/- (Ramesh Sinha) Chief Justice vaibhav