1 CGHC010260562026 2026:CGHC:29302 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6063 of 2026 Pranab Kumar Naik S/o Kumudchand Naik Aged About 29 Years R/o Village Tahsir, Police Station Kosinga District- Kalahandi (Odisha) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Tilda Nevra, District- Raipur (C.G.) ---- Non-Applicant(s) For Applicant : Mr. C.R. Sahu, Advocate. For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/07/2026 1. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 41/2026 registered at Police Station – Tilda Nevra, District – Raipur (C.G.), for the offence punishable under Sections 20(C), 22B and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 of Arms Act. 2. Case of the prosecution, in brief, is that on 28.01.2026, the police of Police Station–Tilda Nevra, District Raipur (C.G.), received a secret information that one woman was illegally storing and selling KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 contraband Ganja and prohibited psychotropic Nitrazepam tablets from her house situated near Shamshan Ghat, Ward No. 22, Atal Awas, Sasaholi. Acting upon the said information and after complying with the mandatory provisions of the NDPS Act, the police conducted a raid at the aforesaid premises. During the search, co-accused Madhu Mishra was found in conscious possession of 73 kilograms of Ganja, 790 tablets of prohibited Nitrazepam having a total weight of 553 grams and three button- operated knives, which were seized in accordance with law. Consequently, Crime No. 41/2026 was registered at Police Station– Tilda Nevra, District Raipur, for the offences punishable under Sections 20(b) and 22(c) of the NDPS Act and Section 25 of the Arms Act and after completion of investigation, charge-sheet has been filed before the competent Court. During the course of investigation, the memorandum statement of co-accused Madhu Mishra was recorded, wherein she disclosed that she used to procure contraband Ganja from the present applicant Pranav Kumar Naik for the purpose of its sale and in conspiracy with the co-accused Safiqul Rahman Khan and co-accused Khurshid Alam @ Salman Khan, was engaged in the illegal purchase and sale of Ganja and prohibited psychotropic tablets with the object of earning unlawful profit. On the basis of the memorandum statement and the material collected during investigation, the involvement of the present applicants in the alleged criminal conspiracy relating to trafficking of commercial quantity of narcotic drugs and psychotropic substances came to light. 3 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that no contraband has been recovered from the conscious possession of the present applicant and he has been implicated solely on the basis of the memorandum statement of co-accused Madhu Mishra, which by itself has no substantive evidentiary value in law. It is further submitted that no independent incriminating material has been collected during the course of investigation to establish the involvement of the applicant in the alleged offences under Sections 20(b), 22(c) and 29 of the NDPS Act or Section 25 of the Arms Act. He further submits that the applicant has no previous criminal antecedents and has been unnecessarily roped into the present case merely on suspicion. It is also submitted that the investigation has already been completed and charge-sheet has been filed before the competent Court and therefore, no further custodial interrogation of the applicant is required. The applicant is in judicial custody since 14.04.2026 and the trial is likely to take considerable time for its conclusion. It is further submitted that the applicant is the sole earner of his family and his continued incarceration is causing severe financial hardship to his dependents. Therefore, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel appearing for the State opposes the bail application and submits that there is sufficient material available on record to prima facie establish the involvement of the present applicant in the alleged offence. He submits that a 4 huge quantity of 73 kilograms of Ganja, 790 Nitrazepam tablets weighing 553 grams, along with three button-operated knives, was seized from the possession of co-accused Madhu Mishra. During the course of investigation, the memorandum statement of the co- accused revealed that the present applicant was one of the persons from whom the contraband Ganja was procured for illegal sale and that he, along with the other co-accused, had entered into a criminal conspiracy for the purchase and sale of narcotic drugs and psychotropic substances for unlawful gain. It is further submitted that the contraband involved is of above commercial quantity. Considering the seriousness of the allegations, the material collected during investigation and the gravity of the offence, he submits that the applicant is not entitled to the benefit of bail and prays for rejection of the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations levelled against the present applicant, the fact that the investigation has already been completed and charge-sheet has been filed before the competent Court and further considering that 73 kilograms of Ganja (above commercial quantity), 790 Nitrazepam tablets weighing 553 grams and three button-operated knives were recovered from the possession of co- accused Madhu Mishra, this Court finds that the memorandum statement of the co-accused specifically discloses that the present applicant was supplying Ganja to her and in conspiracy with the 5 other co-accused persons, was involved in the illegal procurement and sale of narcotic drugs and psychotropic substances for monetary gain. Though no recovery has been effected from the present applicant, the material collected during the course of investigation prima facie indicates his involvement in an organized racket engaged in trafficking of commercial quantity of contraband. In such circumstances, this Court is of the considered view that it is not a fit case for grant of bail to the present applicant. 7. Accordingly, the bail application of the applicant – Pranab Kumar Naik, filed under Section 483 of the BNSS, involved in Crime No. 41/2026 registered at Police Station – Tilda Nevra, District – Raipur (C.G.), for the offence punishable under Sections 20(C), 22B and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 of Arms Act, 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 Kunal