1 CGHC010263452026 2026:CGHC:30665 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6436 of 2026 1. Dharmendra Kumar Panika S/o Santram Panika Aged About 35 Years R/o Village Bhaudar, Post Pipra, Tahsil Chitrangi, District- Singrouli Madhya Pradesh 2. Mukesh Singh S/o Sudama Singh Aged About 30 Years R/o Village Bhaudar, Post Pipra, Tahsil Chitrangi, District- Singrouli Madhya Pradesh ... Applicants versus State of Chhattisgarh Through Station House Officer, Police Station Panduka, District- Gariyaband (C.G.) ... Non-Applicant For Applicants : Mr. Rekhraj Baghel, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.07.2026 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.133/2025, registered at Police Station - Panduka, District- Gariyaband (C.G.) for the offences punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution case, in brief, the concerned Police Station received secret information from an informant that, on the date of the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.21 14:57:56 +0530 2 incident, certain unknown persons had kept illegal contraband ganja in a vehicle for the purpose of sale at an open place. Acting upon the said information, the police conducted a raid and seized 40 kg of contraband ganja from the place of occurrence. Consequently, an offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, was registered against the present applicants and other accused persons. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that the prosecution has failed to establish the exclusive and conscious possession of the contraband, as the seizure memo is not supported by the seizure witnesses. It is also submitted that the applicants have no previous criminal antecedents, the charge-sheet has already been filed, and the applicants have been in judicial custody since 29.12.2025. Since the conclusion of the trial is likely to take considerable time, it is prayed that the applicants be enlarged on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge-sheet has already been filed. He further submits that the contraband article, i.e., a total quantity of 40 kg of contraband ganja, was seized from the joint possession of the applicants, which is much above the commercial quantity prescribed under the NDPS Act. Therefore, he contends that the applicants are not entitled to the grant of bail and that their bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the 3 fact that the contraband article, i.e., a total quantity of 40 kg of contraband ganja, was seized from the joint possession of the applicants, which is much above the commercial quantity and the applicants have failed to give any explanation for the same and it cannot be said to be a case of false implication, further the charge-sheet has been submitted, this Court is of the opinion that it is not a fit case to release the applicants on bail. 7. Accordingly, the bail application of applicant Nos. 1 and 2 – Dharmendra Kumar Panika and Mukesh Singh, involved in Crime No.133/2025, registered at Police Station - Panduka, District- Gariyaband (C.G.) for the offences punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected. 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 Preeti