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2026 DAILYLAW 25972 (CHH)

ANAND MISHRA v. DIRECTORATE OF REVENUE INTELLIGENCE

MCRC/4721/2026 · 2026-07-08

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Judgment text

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1 CGHC010181162026 2026:CGHC:28717 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4721 of 2026 • Anand Mishra S/o Shri Gunanidhi Mishra Aged About 30 Years R/o Village Budelbahali, Narayanpur, P.S. Tarbha, Distt. Sonpur, Orissa. ... Applicant versus • Directorate Of Revenue Intelligence Raipur Regional Unit Raipur, Chhattisgarh. ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant : Mr. Maneesh Sharma, Advocate. 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.43/2025 registered at Police Station Directorate of Revenue Intelligence, Raipur Regional Unit Raipur (C.G.) for the offence punishable under Section 20(C) & 29 of the Narcotics Drugs and Psychotropic Substance Act, 1985. 2. The prosecution story, in brief, is that on 12.10.2025, officers of the DRI, Raipur Regional Unit, allegedly received secret information from an informant that certain persons were transporting contraband ganja DEEPTI JHA Digitally signed by DEEPTI JHA 2 from Odisha Kanthmal to Pithoura via Babahara Arang Road in Toyota Corolla vehicle bearing Registration No. OR-14-J-3700 during the night. Acting upon the said information, the DRI officials recorded a Suchna Panchnama, called independent witnesses, and constituted a search team. At about 4:00 a.m., the car was seen on the way, the driver could not stopped the vehicle and tried to run away. After due efforts officers have caught the vehicle at Bagbahara RTO Naka, but the driver was ran away at that time and was arrested at 7:00 am from the nearby place. After compliance with the mandatory legal formalities, a search of the vehicle was conducted, during which 225.81 kilograms of contraband ganja was allegedly recovered and seized. The co- accused persons were arrested, and their memorandum statements were recorded. In their statements, they allegedly named the present applicant and stated that he had loaded the contraband ganja into the vehicle on the instructions of co-accused Raj Thakur. Thereafter, the investigating agency collected the call detail records and arrested the present applicant on 27.02.2026. Upon completion of the investigation, a charge-sheet was filed before the competent Court. 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 no contraband substance was recovered from the possession of the applicant. As per the seizure memo, the Ganja was seized from the co-accused, namely, Amar Behra, on 31.10.2025, and thereafter his memorandum statement was recorded. It is submitted that the applicant was arrested solely on the basis of the call records showing communication between the applicant and the said co- accused. He also submits that the applicant has four previous criminal 3 antecedents, out of which two are rejected and remaining two are of previous one, charge sheet has already been filed and the applicant is in jail since 27.02.2026. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application. It is further submitted that the applicant has four previous criminal antecedents under the NDPS Act. Hence, his bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and further the fact that the charge-sheet has been filed in this case, further the applicant has two previous criminal antecedents under the NDPS Act which is pending which shows that the applicant is a habitual offender and it cannot be said to be a case of false implication and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the bail application of applicant – Anand Mishra involved in Crime No.43/2025 registered at Police Station Directorate of Revenue Intelligence, Raipur Regional Unit Raipur (C.G.) for the offence punishable under Section 20(C) & 29 of the Narcotics Drugs and Psychotropic Substance Act, 1985, for short, the NDPS Act, is 4 rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Deepti Jha