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2026 DAILYLAW 26 (CHH)

DHANESHWAR SAHU v. STATE OF CHHATTISGARH

MCRC/2569/2026 · 2026-03-17

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Judgment text

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1 2026:CGHC:13044 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2569 of 2026 Dhaneshwar Sahu S/o Kanta Sahu Aged About 59 Years R/o Village Devgaon, Post Belpada, Chowki Bhalumunda, Police Station Bangomunda, District Balangir (Odisha) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Komakhan, District Mahasamund (C.G.) ... Respondent For Applicant : Shri Rishabh Dev Singh, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/03/2026 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.19/2026 registered at Police Station Komakhan, District Mahasamund (C.G.), for the offence punishable under Section 20(B) (ii) (C) of the NDPS Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.23 11:04:57 +0530 2 2. Case of the prosecution, in brief, is that, the present case arises from Crime No.19/2026 registered at Police Station Komakhan, District Mahasamund (C.G.) under Section 20(B)(ii)(C) of the NDPS Act. On 03.02.2026, police allegedly received secret information about a scooter transporting illegal ganja from Odisha to Chhattisgarh. Acting on this, they intercepted a scooter at Temri Check Post carrying Rajesh Kumar Chauhan and Smt. Rajkumari Banjare, and recovered 24 kg of ganja (commercial quantity) from two cartons. During investigation, the co-accused allegedly stated that the contraband was supplied by the present applicant, Dhaneshwar Sahu of Balangir, Odisha. Based solely on these statements, the applicant was implicated and arrested on 17.02.2026. 3. Learned counsel for the applicant submitted that no recovery of any contraband article was made from his possession and only on the memorandum statement of co-accused, the name of the applicant has come into light. He would submit that in the memorandum statement it has been stated that the applicant has supplied the said contraband article i.e. total 24 kg of ganja to the co-accused from whom the contraband was recovered which was above the commercial quantity. It is further submitted that only applicant’s mobile phone was used for calling the co-accused on the basis of which he too has been implicated. He would submit that the applicant is in jail since 17/02/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/respondent would oppose the bail application and submit that the charge-sheet has not been filed in 3 the present case. She would submit that allegation against the applicant is that he has supplied the contraband article i.e. total 24 kg of ganja to the co-accused from whom the contraband was recovered which is above the commercial quantity, as such, it is an organized crime, therefore the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the materials available on record. 6. Considering the fact that the applicant is said to have supplied the contraband article i.e. total 24 kg of ganja to the co-accused from whom the contraband was recovered which is above the commercial quantity, as such, it is an organized crime, therefore this Court is not inclined to release the applicant on bail. 7. Accordingly, the bail application of the applicant Dhaneshwar Sahu, involved in Crime No.19/2026 registered at Police Station Komakhan, District Mahasamund (C.G.), for the offence punishable under Section 20(B) (ii) (C) of the NDPS Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/-- Sd/- (Ramesh Sinha) Chief Justice gouri