1 CGHC010265962026 2026:CGHC:32046 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6714 of 2026 Mohammad Siraj S/o Mohammad Nasir, Aged About 38 Years At- Near Cemetry, Yakub Baba Ka Kotha, Ansar Nagar, P.S. Gandhibaag, District Nagpur, Maharashtra. ... Applicant versus State of Chhattisgarh Through Station House Officer P.S. Khallari, District Mahasamund, C.G. ... Non-Applicant For Applicant : Mr. Durlabh Kumar Agrawal, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.36/2026, registered at Police Station: Khallari, District - Mahasamund (C.G.) for the offences punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution case, the Investigating Officer of Police Station Khallari received secret information on the morning of 28.03.2026. Acting upon the said information, the police conducted a raid and allegedly seized 10.230 kg and 9.800 kg of Ganja, totaling 20.030 kg, from the joint PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.28 12:20:06 +0530 2 possession of the applicant and the co-accused. Thereafter, the applicant was arrested, and Crime No. 36/2026 dated 28.03.2026 was registered against the applicant and the co-accused for the offence punishable under Section 20(b) of the NDPS Act. It is further submitted that, during the course of investigation, the seized contraband was produced before the learned JMFC, District Mahasamund, for certification and re-weighment, where it was found to weigh only 19.880 kg. According to the applicant, this discrepancy in the weight of the seized contraband renders the alleged seizure and the prosecution case doubtful. After completion of the investigation, the charge-sheet has already been filed before the competent Trial Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant was merely employed by the co-accused, Salman Kha, as a driver to drive the offending vehicle, which was owned, possessed, and controlled by the co-accused. The applicant neither had knowledge of nor was in conscious possession of the alleged contraband. It is further submitted that, despite his innocence, the applicant has been in judicial custody. Learned counsel further submits that a bare perusal of the charge-sheet reveals that the seized contraband was produced before the learned JMFC, District Mahasamund, for re-weighment, where it was found to weigh only 19.880 kg, which is below the commercial quantity prescribed under the NDPS Act. It is also submitted that the applicant has no previous criminal antecedents, the charge-sheet has already been filed, and the applicant has been in judicial custody since 28.03.2026. As the conclusion of the trial is likely to take considerable time, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned counsel for the State opposes the prayer for 3 grant of bail and submits that the charge-sheet has already been filed. She further submits that 20.030 kg of Ganja, which is much above the commercial quantity, was seized from the joint possession of the applicant and the co-accused. It is further submitted that the bail application of the co-accused, Salman Khan, has already been rejected by this Court vide order dated 17.06.2026 passed in MCRC No. 5272/2026. Therefore, considering the gravity of the offence and the material available on record, the present applicant is not entitled to be released on bail. Hence, the 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, particularly the fact that 20.030 kg of Ganja, which is much above the commercial quantity, was allegedly seized from the joint possession of the applicant and the co-accused, that the bail application of the co-accused, Salman Khan, has already been rejected by this Court vide order dated 17.06.2026 passed in MCRC No. 5272/2026, that the applicant has failed to furnish any plausible explanation in support of his plea of false implication, and that the charge-sheet has already been filed and the trial is in progress, this Court is not inclined to extend the benefit of bail to the applicant at this stage. Accordingly, the present bail application deserves to be and is hereby rejected. 7. Accordingly, the bail application of applicant – Mohammad Siraj, involved in Crime No.36/2026, registered at Police Station: Khallari, District - Mahasamund (C.G.) for the offences punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for 4 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