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2026 DAILYLAW 29334 (CHH)

RAMA PANGI v. STATE OF CHHATTISGARH

MCRC/6742/2026 · 2026-07-26

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Judgment text

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1 CGHC010281112026 2026:CGHC:32098 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6742 of 2026 Rama Pangi S/o Mohan Pangi Aged About 42 Years R/o Village Annigguda, Manjhipara, Kularsingh, Police Station Pandwa, Tahsil - Nandpur, District Koraput, Orissa. ... Applicant versus State of Chhattisgarh Through Police Station - Bodhgath, Jagdalpur, District Bastar Chhattisgarh. ... Non-Applicant For Applicant : Mr. Gourav Patel, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.07.2026 1. This is the second 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. 15/2025 registered at Police Station - Bodhgath, Jagdalpur, District - Bastar, (C.G.), for the offence punishable under Sections 20(B)(ii)(b) and 20(B)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The earlier bail application of the applicant being MCRC No. 1046 of 2025 was rejected by this Court vide order dated 06.02.2025 on merits. 3. The prosecution case in brief is that, on 08.01.2025, the police of Police Station Bodhgath, Jagdalpur, District Bastar, received secret information from an informant that a suspicious person, who had RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 arrived by Train No. 18107 Rourkela–Jagdalpur Intercity Express, was sitting at the railway station and was in possession of contraband substances. Acting upon the said information, the police party proceeded to the spot, apprehended the suspect, namely Rama Pangi, the present applicant, and conducted a search in accordance with law. During the search, the police allegedly recovered 10.440 kilograms of Ganja and 2.60 kilograms of Charas from his conscious and unauthorized possession. Consequently, Crime No. 15/2025 was registered against the applicant at Police Station Bodhgath, District Bastar, for the offences punishable under Sections 20(b)(ii)(B) and 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the applicant was arrested on the same day. Hence, the present bail application. 4. Learned counsel for the applicant submits that this is the second bail application of the applicant and the earlier bail application of the applicant was rejected by this Hon’ble Court. He further submits that the applicant is a 42-year-old person and the sole breadwinner of his family, and his continued incarceration is causing immense hardship to his dependents. He further submits that the applicant is a permanent resident of Village Anigguda, Police Station Padva, District Koraput (Odisha), and is engaged in the business of selling vegetables and fruits. It is contended that on 08.01.2025, the applicant had come to Jagdalpur for distributing the wedding invitation cards of his son, whose marriage was scheduled to be solemnized on 09.02.2025, and was waiting to travel to Raipur when the police apprehended him. According to the applicant, one 3 person sitting in the bus fled from the spot on seeing the police and left behind a bag, which was wrongly attributed to the applicant, resulting in his false implication in the present crime. He submits that no independent material is available on record to establish conscious possession of the alleged contraband by the applicant and, therefore, the essential ingredients of the offences punishable under Sections 20(b)(ii)(B) and 20(b)(ii)(C) of the NDPS Act are not made out against him. He also places strong reliance on the deteriorating health condition of the applicant and submits that he is suffering from serious and chronic ailments requiring regular medical attention. In support thereof, an application under the Right to Information Act was submitted before the Jail Superintendent, Jagdalpur, and pursuant thereto, medical records were supplied vide memorandum dated 09.01.2026, which reveal that the applicant is suffering from significant health issues. Copies of the said medical records have been filed on record as Annexure A/4. It is submitted that the applicant’s continued detention is likely to further aggravate his medical condition and jeopardize his health. It is further submitted that the charge-sheet has already been filed, he has no any previous criminal antecedents, is in jail since 08.01.2025 and the trial is likely to take some time for its conclusion, therefore the applicant deserves to be enlarged on second bail. 5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that this is the second bail application of the applicant and his earlier bail 4 application was considered and rejected on merits by this Hon’ble Court. She also submits that a substantial quantity of contraband, namely 10.440 kilograms of Ganja and 2.60 kilograms of Charas, was recovered from the conscious possession of the applicant, out of which the recovered Charas falls within the category of commercial quantity, thereby attracting the rigours of Section 37 of the NDPS Act. It is argued that there is no substantial change in circumstances after rejection of the earlier bail application so as to warrant reconsideration of the present prayer. Considering the gravity of the offence, commercial quantity recovery, and the role attributed to the applicant in financing the illegal transaction, she submits that the applicant is not entitled to be released on bail and the application deserves to be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of allegations, the material available on record as well as the submissions advanced, it appears that this is a second bail application of the applicant and the earlier bail application has already been rejected on merits by this Court. Further the fact that 10.440 kilograms of Ganja and 2.60 kilograms of Charas were recovered from the applicant, and the recovered Charas is admittedly above the prescribed commercial quantity, thereby attracting the rigours of Section 37 of the NDPS Act. Upon perusal of the case diary and the documents available on record, this Court does not find any reasonable ground at this stage to believe that the 5 applicant is not guilty of the alleged offence or that he is not likely to commit any offence while on bail. Further, no substantial change in circumstances has been demonstrated after rejection of the earlier bail application so as to justify reconsideration of the matter. So far as the medical condition of the applicant is concerned, though certain medical documents have been filed along with the application, from the perusal of the documents annexed therewith, no such exceptional or life-threatening medical condition is made out which cannot be adequately attended to while the applicant remains in judicial custody. In view of the bar contained under Section 37 of the NDPS Act, the commercial quantity involved, the rejection of the earlier bail application on merits, and the absence of any significant change in circumstances, this Court is not inclined to take a different view in the present second bail application. 8. Accordingly, the second bail application of the applicant – Rama Pangi, involved in Crime No. 15/2025 registered at Police Station - Bodhgath, Jagdalpur, District - Bastar, (C.G.), for the offence punishable under Sections 20(B)(ii)(b) and 20(B)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 Rahul Dewangan