1 CGHC010175802026 2026:CGHC:28953 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4478 of 2026 • Kulmani Sahu @ Ghasiya @ Kulmani S/o- Dheersay Sahu, Aged About 42 Years R/o- Devanpaali Police Station-Jharband, District- Bargarh (Odisa) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station- Rajadevri (Police Outpost Baya) District- Balodabazar- Bhatapara (C.G.) ... Respondent(s) For Applicant(s) : Mr. Jitendra Chandrakar, Advocate For Respondent(s) : Mr. Malay Jain, Panel Lawyer 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. 06/2026 registered at Police Station, Rajdevari (Police Outpose Baya), District- Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the present applicant has been arrested by the police of Police Station Rajadevri (Police Outpost Baya), District - Balodabazar-Bhatapara (C.G.) on 14.02.2026 for an VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.14 18:24:20 +0530 2 alleged offence punishable under Section 20(B) of N.D.P.S. Act. He was not involved in the sale or distribution of Ganja. He has been implicated by the police only on the basis of memorandum statement of the co-accused Suraj Sen. The alleged Ganja was not seized from the conscious possession of the applicant and he has been falsely implicated by the police in the false case. The police recovered 7.938 Kg ganja from possession of co- accused person Suraj Sen and Falesh Sahu. Charge- sheet has been filed and the case is pending before the learned Special Judge (N.D.P.S. Act), Balodabazar-Bhatapara (C.G.) as Special (NDPS) Case No. 2/2026. The applicant has no any connection with the co-accused persons and there is no any bank transaction with co-accused persons. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 14.02.2026. He also submits that there is no name of the present applicant in the FIR and he has not involved in the sale or distribution of the Ganja and he has been implicated by the police only on the basis of memorandum statement of the co-accused Suraj Sen. The alleged psychotropic substance i.e., Ganja was not seized from the possession of the applicant. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. 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. He further submits that the quantity of contraband article i.e.7.938 Kg recovered from the possession of the 3 co-accused persons namely Suraj Sen and Falsesh Sahu, which is less then commercial quantity and name of the applicant came into light only on the basis of memorandum statement of co-accused person. He also submits that applicant is having one criminal antecedent under the NDPS Act and details of the same is mentioned in the bail application at paragraph No.4(a), 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. Considering the fact and circumstances of the case, from perusal of the case diary, it transpires that the applicant is having one criminal antecedent under the NDPS Act, which is pending for it’s conclusion, it appears that applicant is a habitual offender and it cannot be a case of false implication, therefore, I am of the opinion that the applicant is not entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant – Kulmani Sahu @ Ghasiya Kulmani, filed under Section 439 of the Cr.P.C., involved in Crime No.06/2026 registered at Police Station, Rajdevari (Police Outpose Baya), District- Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 20(B) 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice Vaishali