1 CGHC010245172026 2026:CGHC:28902 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5985 of 2026 Tiharu Ram Verma S/o Late Shri Sonauram Verma Aged About 40 Years R/o Village Maldi, P.S. Bilaigarh, Distt. Sarangarh Bilaigarh, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Sarsiwa, Distt. Sarangarh Bilaigarh, Chhattisgarh. ... Respondent For Applicant : Mr. Arpit Parakh, Advocate. For Respondent : Mr. Sumit Singh, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2026 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. 12/2025 registered at Police Station Sarsiwa, District - Sarangarh Bilaigarh (C.G.), for the offence VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.10 17:30:27 +0530 2 punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that On 08.01.2025, police received information that ganja was being illegally transported from Saraipali towards Sarsiva in a white Swift car, allegedly accompanied by two persons piloting the vehicle on a Hero Super Splendor motorcycle. Acting on the information, the police intercepted two persons riding the motorcycle, namely Vijay Kumar Kewat and Krishna Kumar Kahra, who allegedly disclosed that their companions were following them in a Swift car. Subsequently, a white Swift car bearing registration No. CG-04- QB-1278 was stopped. Three persons, namely Sandeep Kumar Sahu, Hemant Kumar Kewat, and Tiharu Ram Verma, were found inside the vehicle. Upon search of the car, 45 packets of ganja weighing a total of 45.780 kilograms were allegedly recovered from the trunk. The prosecution alleges that the said ganja was being transported illegally and that the motorcycle riders were assisting by piloting the car. The Swift car, the motorcycle, and mobile phone connection with the alleged offence. On this basis, all the accused have been implicated for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 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 prosecution case against the applicant is 3 founded primarily on the memorandum/disclosure statements of the co-accused apprehended on the motorcycle and that, except for such statements, there is no independent material connecting the applicant with the alleged transportation, possession, procurement, sale or distribution of the contraband. It is further submitted that the prosecution has not produced any material to establish the applicant's conscious possession, prior conspiracy or any specific overt act attributable to him, and no prima facie case is made out against the applicant. Learned counsel further submits that the charge-sheet has already been filed, no further custodial interrogation of the applicant is required, and the applicant has been in judicial custody since 09.01.2025. Considering that the prosecution proposes to examine several witnesses, the trial is likely to take considerable time to conclude and, therefore, continued incarceration of the applicant would amount to pre-trial punishment. It is also submitted that the applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready to furnish adequate surety and abide by all such terms and conditions as may be imposed by this Hon'ble Court. On these grounds, it is prayed that the applicant be enlarged on bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further 4 submits that the applicant was travelling in a Swift car from which 45.780 kg of ganja (commercial quantity) was recovered. It is alleged that the applicant was in conscious possession of the contraband and was involved in its illegal transportation, thereby committing the alleged offence, 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. From perusal of the records, it prima facie appears that 45.780 kg of ganja, which is a commercial quantity, was recovered from the Swift car in which the applicant was travelling, thereby indicating his conscious possession and involvement in the illicit trafficking of narcotic substances. Furthermore, learned counsel for the applicant has placed reliance on the order granting bail to co- accused Krishna Kumar Kahra by the Hon'ble Supreme Court in SLP (Crl.) No. 8403 of 2026, it is noticed that the said co-accused was granted bail on the ground that he was merely alleged to be piloting the car from which the contraband was recovered, whereas the present applicant was found sitting inside the vehicle from which the commercial quantity of ganja was seized. Thus, the case of the applicant stands on a different footing and the said order does not entitle him to the benefit of parity. As such, in view of the seriousness of the offence, I do not find any good ground to entertain the present bail application. 5 7. Accordingly, the bail application of the applicant - Tiharu Ram Verma, involved in Crime No. 12/2025 registered at Police Station Sarsiwa, Distt. Sarangarh Bilaigarh (C.G.), for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice vaibhav