1 CGHC010257442026 2026:CGHC:28891 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6143 of 2026 Mohd. Kadir Shah S/o Jumman Shah, Aged About 22 Years R/o Near Garib Nawaz Maszid Boriyapura, Nagpur, District- Nagpur, (Maharastra) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Khallari, District- Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Shubhank Tiwari, Advocate. For Non-applicant/State : Ms. Ankita Shukla, P.L. 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 Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 36/2026 registered at Police Station – Khallari, District Mahasamund (C.G.), for the offence punishable under Sections 20-(b)(ii)(B) of N.D.P.S. Act. Digitally signed by JYOTI JHA Date: 2026.07.13 17:42:21 +0530 2 2. As per the brief facts of the prosecution case, the police received secret information from an informant that unknown persons were illegally possessing contraband ganja in their vehicle for the purpose of sale. Acting upon the said information, the police conducted a raid and allegedly seized 20 kg 30 Gram contraband ganja from place of incident at an open place. Accordingly, the offence have been registered and the applicant has been arrested. 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 name of the applicant has surfaced only on the basis of the memorandum of the co-accused and that no contraband was recovered from his conscious or exclusive possession. It is further submitted that though the seizure memo mentions the quantity of ganja as 20 kg 30 grams, the said weight includes both the gunny bag (bori) and the contraband. Referring to the inventory prepared under Section 52-A(3) of the NDPS Act, it is submitted that the actual weight of the ganja was 19 kg 800 grams, out of which four samples, namely A1, A2, B1 and B2, were drawn for chemical analysis, while the remaining 19 kg 440 grams was deposited in the Malkhana. Thus, the actual quantity of the contraband is below the commercial quantity and the rigours of Section 37 of the NDPS Act are not attracted. It is further submitted that the applicant has been in judicial custody since 21.05.2026, the investigation is substantially complete, and 3 the conclusion of the trial is likely to take considerable time. Accordingly, it is prayed that the applicant be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the quantity of 20.30 Kgs Ganja has been seized from the joint possession of the applicant and co- accused, which is much more than the commercial quantity. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the rival submissions and the material available on record, particularly the allegation that the contraband was recovered from the joint possession of the applicant and the co- accused, the fact that the applicant's name has surfaced during the course of memorandum statement, and that the applicant has failed to furnish any satisfactory explanation regarding the recovery of the contraband 20.30 Kgs Ganja, which is much more than the commercial quantity and it cannot be said to be a case of false implication and further the charge-sheet has been submitted, this Court is not inclined to accept the contention that the quantity shown in the seizure memo includes the weight of the gunny bag (bori) along with the ganja. At this stage, without expressing any opinion on the merits of the case, no ground for grant of bail is made out. Accordingly, the bail application is rejected. 7. Accordingly, the bail application of applicant – Mohd. Kadir Shah 4 involved in Crime No.36/2026, registered at Police Station: Khallari District Raipur Chhattisgarh (C.G.) for the offences punishable under Section 20 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 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 Jyoti